CIHM 
Microfiche 
Series 
(l\/lonographs) 


ICIMH 

Collection  de 
microfiches 
(monographies) 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiquas 


^''*T''-*y^:Sy  ■■^•^■^ 


>  . ..   ,  >„ 


Technical  and  Bibliographic  Notes  /  Notes  techniques  et  bibliograpfiiques 


The  Institute  has  attempted  to  obtain  the  best  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibliographically  unique,  which  may  alter  any  of 
the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checked  below. 


0 


D 

D 

n 


n 


Coloured  covers  / 
Couverture  de  couleur 


I      I   Covers  damaged  / 


Couverture  endommag6e 


□   Covers  restored  and/or  laminated  / 
Couverture  restaur^e  et/ou  pellicui^e 

Cover  title  missing  /  Le  titre  de  couverture  manque 

I I    Coloured  maps  /  Cartes  g6ographiques  en  couleur 

□    Coloured  ink  (i.e.  other  than  blue  or  black)  / 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Q   Coloured  plates  and/or  illustrations  / 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material  / 
Reli6  avec  d'autres  documents 

Only  edition  available  / 
Seule  Edition  disponible 

Tight  binding  may  cause  shadows  or  distortion  along 
interior  margin  /  La  reliure  serree  peut  causer  de 
I'ombre  ou  de  la  distorsion  le  long  de  la  marge 
int6rieure. 

Blank  leaves  added  during  restorations  y  appear 
within  the  text.  Whenever  possible,  these  have  been 
omitted  from  filming  /  Use  peut  que  certaines  pages 
blanches  ajout^es  lors  d'une  restauration 
apparaissent  dans  le  texte,  mais,  lorsque  cela  6tait 
possible,  ces  pages  n'ont  pas  6t6  film6es. 

Additional  comments  / 
Commentaires  suppl6mentaires: 


L'Institut  a  microfilm^  le  meille  exemplaire  qu'il  lui  a 
6*6  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire qui  sont  peut-etre  uniques  du  point  de  vue  bibli- 
ographique,  qui  peuvent  modifier  une  image  reproduite, 
ou  qui  peuvent  exiger  une  modification  dans  la  m6tho- 
de  normale  de  filmage  sont  indiqu6s  ci-dessous. 

I I   Coloured  pages  /  Pages  de  couleur 

I I    Pages  damaged  /  Pages  endommag6es 


D 

Q 

D 
0 

D 

D 
D 


n 


Pages  restored  and/or  laminated  / 
Pages  restaur6es  et/ou  pellicul6es 

Pages  discoloured .  stained  or  foxed  / 
Pages  di^color^es,  tachet^es  ou  piqu^es 

Pages  detached  /  Pages  d6tach6es 

Showthrough  /  Transparence 

Quality  of  print  varies  / 
Qualit^  in^gale  de  I'impression 

Includes  supplementary  material  / 
Comprend  du  materiel  suppl6mentaire 

Pages  wholly  or  partially  obscured  by  errata  slips, 
tissues,  etc.,  have  been  refilmed  to  ensure  the  best 
possible  image  /  Les  pages  totalement  ou 
partiellement  obscurcies  par  un  feuillet  d'errata,  une 
pelure,  etc.,  ont  ^te  film^es  a  nouveau  de  fa9on  a 
obtenir  la  meilleure  image  possible. 

Opposing  pages  with  varying  colouration  or 
discolourations  are  filmed  twice  to  ensure  the  best 
possible  image  /  Les  pages  s'opposant  ayant  des 
colorations  variables  ou  des  decolorations  sont 
film^es  deux  fois  afin  d'obtenir  la  meilleure  image 
possible. 


D 


rhis  item  is  filmed  at  the  reduction  ratio  checked  below  / 

Ze  document  est  filme  au  taux  da  reduction  indique  ci-dessous. 


lOx 

14x 

18x 

22x 

26x 

30x 

7 

12x 


16x 


20x 


24x 


28x 


32x 


i:-;' 


'.'.p^ 


r^',..'MS?f^'fc--  ^Vti'^'''-!%.'L:n<^-^''-^fX^^-'U.^,<^V't!f\  -^ 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 


L'exemplaire  U\mi  fut  raproduit  grica  k  la 
g6nArosit6  de: 


Univarsiti  de  Montreal 


Universiti  de  MonuAsI 


The  images  appearing  hare  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  images  suivantes  ont  AtA  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettetA  de  l'exemplaire  filmA,  at  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  origineux  dont  la  uouverture  an 
papier  est  imprim^e  sont  filir.es  en  commen^ant 
par  le  premier  plat  at  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  ampreinte 
d'impression  ou  d'illustretion,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmAs  en  commen^ant  par  la 
premi&re  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustretion  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symbbles  suivants  apparaitra  sur  la 
derniAre  image  de  cheque  microfiche,  selon  le 
CBs:  le  symbole  — ^-  signifie  "A  SUIVRE".  le 
symbole  ▼  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
film^s  A  des  teux  de  reduction  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA.  il  est  filmA  A  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  ia  mAthode. 


1  2  3 


1 

2 

3 

4 

5 

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m.-^itask^KiM.tiistE^sisf^mbJ^^f'^siiMi^  -f--^Tiiti;r-^f-r^'"-'iMiiiiir'MiiiT^infriiMMifnriWTWiii 


MICROCOPY    RESOLUTION    TEST   CHART 

(ANSI  and  ISO  TEST  CHART  No.  2) 


1.0 


I.I 


1^ 

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2.8 

1^ 


1 2.5 
2.2 

2.0 


1.8 


1.25 


1.4 


1.6 


A  APPLIED  INA^GE     Inc 

^^  1653   East   Uatn   Street 

^S  Rochester,    Ne«    Vo.k         14609        USA 

JSS  (716)    *82    -  0300  -  Ptione 

^S  (716)   288  -  5989  -  Fax 


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THE  FORTY-NINERS 


TEXTBOOK   EDITION 


THE  CHR(  NICLES 

OF  AMERICA  SERIFS 

ALLEN  JOHNSON 

EDITOR 

GERHARD    R.    I.OMER 

CHARLES   \\.   .IKFFERY3 

ASSISTANT  EDITORS 


5 


THE  FORTY-NINERS 

A  CHRONICLE  OF  THE 

CALIFORNIA  TRAIL  AND   EL  DORADO 

BY  STEWART  EDWARD   WHITE 


NEW   IIAVEX:  YALE    UNIVERSITY   PRESS 

TORONTO:   GLASGOW,  BROOK    &    CO. 

LONDON:   IIUMTIIREY   MILFORD 

OXFORD   UNIVERSITY   PRESS 


Copyright,  1918,  by  Yale  University  Press 


CONTEXTS 


I.    SPANISH  DAYS 
II.    THE  AMERICAN  OCCUPATION 

III.  LAW— MILITARY  AND  CIVIL 

IV.  GOLD 

V.    ACROSS  THE  PLAINS 
VI.    THE  MORMONS 
VII.    THE  WAY  BY  PANAMA 
VIII.    THE  DIGGINGS 
IX.    THE  URBAN  FORTY-NINER 
X.    ORDEAL  BY  FIRE 
XI.    THE  VIGILANTES  OF   51 
XII.    SAN  FRVNCISCO  IN  TRANSITION 

XIII.  THE  STORM  GATHERS 

XIV.  THE  STORM  BREAKS 
XV.    THE  VIGILANTES  OF  'o(i 

XVI.    THE  TRIUMPH  OF  THE  VIGILANTES 
BIBLIOGRAPHICAL  NOIL 
INDEX 


Page  1 

"  l.J 

«  W 

"  5.5 

"  07 

"  77 

"  96 

"  100 

"  119 

"  140 

"  1.50 

"  159 

"  174 

"  210 

"  231 

"  2.-,« 

"  207 

-  271 


vn 


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^H^Ki^y 


THE  FORTY-NINERS 


CHAPTER  I 

SPANISH  DAYS 

The  dominant  people  of  California  have  been 
successively  aborigines,  conquistadores,  monks, 
the  dreamy,  romantic  unenergetic  peoples  of 
Spain,  the  roaring  melange  of  Forty-nine,  and 
finally  the  modern  citizens,  who  are  so  distinctive 
that  they  bid  fair  to  become  a  subspecies  of  their 
own.  This  modern  society  has,  in  its  evolution, 
something  unique.  To  be  sure,  other  countries 
also  have  passed  through  these  same  phases.  But 
while  the  processes  have  consumed  a  leisurely  five 
hundred  years  or  so  elsewhere,  here  they  have 
been  subjected  to  forced  growth. 

The  tourist  traveler  is  inclined  to  look  upon  the 
crumbling  yet  beautiful  remains  of  the  old  mis- 
sions, those  venerable  relics  in  a  bustling  modern 


'^.'^-^-wme^siSK'  -^'M. 


2  THE  FORTY-XINERS 

land,  as  he  looks  upon  the  enduring  remains  of  old 
Rome.  Yet  there  are  today  many  unconsidered 
New  England  farmhouses  older  than  the  oldest 
western  mission,  and  there  are  men  now  living 
who  witnessed  the  passing  of  Spanish  California. 

Though  the  existence  of  California  had  been 
known  for  centuries,  and  the  dates  of  her  first  visi- 
tors are  many  hundreds  of  years  old,  nevertheless 
Spain  attempted  no  actual  occupation  until  she 
was  forced  to  it  by  political  necessity.  Until  that 
time  she  had  little  use  for  the  country.  After 
early  investigations  had  exploded  her  dream  of 
more  treasure  cities  similar  to  those  looted  by 
Cortes  and  Pizarrc,  her  interest  promptly  died. 

But  in  the  latter  part  of  the  eighteenth  century 
Spain  began  to  awake  to  the  importance  of  action. 
Fortunately  ready  to  her  hand  was  a  tried  and 
tempered  weapon.  Just  as  the  modern  statesmen 
turn  to  commercial  penetration,  so  Spain  turned, 
as  always,  to  religious  occupation.  She  made 
use  of  the  missionary  spirit  and  she  sent  forth 
her  expeditions  ostensibly  for  the  purpose  of  con- 
verting theiieathen.  The  result  was  the  so-called 
Sacred  Expedition  under  the  leadership  of  Juni- 
pero  Serra  and  Portola.  In  the  face  of  incr?dible 
hardships   and   discouragements,    Ihese    devoted. 


SPANISH  DAYS 


3 


if  narrow  and  simple,  men  succeeded  in  establish- 
ing a  string  of  missions  from  San  Diego  to  Sonoma. 
The  energy,  self-sacrifice,  and  persistence  of  the 
members  of  this  expedition  furnish  inspiring  read- 
ing today  and  show  clearly  of  what  the  Spanisii 
character  at  its  best  is  capable. 

For  the  next  thirty  years  after  the  founding  of 
the  first  mission  in  1769,  the  grasp  of  Spain  on 
California  was  assured.  Men  who  could  do,  suffer, 
and  endure  occupied  the  land.  They  made  their 
mistakes  in  judgment  and  in  methods,  but  the 
strong  fiber  of  the  pioneer  was  there.  The  original 
padres  were  almost  without  exception  zealous, 
devoted  to  poverty,  uplifted  by  a  fanatic  desire 
to  further  their  cause.  The  original  Spanish 
temporal  leaders  were  in  general  able,  energetic, 
courageous,  and  not  afraid  of  work  or  fearful  of 
disaster. 

At  the  end  of  that  period,  however,  things 
began  to  suffer  a  change.  The  time  of  pioneering 
came  to  an  end,  and  the  new  age  of  material 
prosperity  began.  Evils  of  various  sorts  crept 
in.  The  pioneer  priests  were  in  some  instances 
replaced  by  men  who  thought  more  of  the  flesh- 
pot  than  of  the  altar,  and  whose  treatment  of  the 
Indians  left  very  much  to  be  desired.     Squabbles 


IHMM 


4  THE  FORTY-NINERS 

arose  between  the  civil  and  the  rehgious  powers. 
t^nvy  of  the  missions'  immense  holdings  undoubt- 
edly liad  its  influence.  The  final  result  of  the 
struggle  could  not  he  avoided,  and  in  the  end 
the  complete  secularization  of  the  missions  took 
place,  and  with  this  inevitable  change  the  real 
influence  of  these  religious  outposts  came  to  an 
end. 

Thus   before   the  advent  in  California  of  the 
American  as  an  American,  and  not  as  a  traveler 
or  a  naturalized  citizen,  the  mission  had  disap- 
peared  from  the  land,  and  the  land  was  inhabited 
hyaracecamngitseUthegentederaz6n,  in  presumed 
contradistinction  to  human  beasts  with  no  reason- 
inr,  powers.    Of  this  period  the  lay  reader  finds  such 
conflictmg  accounts  that  he  either  is  bewildered 
or  else  boldly  indulges  his  prejudices.     According 
to  one  school  of  writers  -  mainly  those  of  modern 
fietion- California    before    the    advent    of    the 
gnngo  was  a  sort  of  Arcadian  paradise,  populated 
by  a  people  who  were  polite,  generous,  pleasure- 
lovmg,  high-minded,  chivalrous,  aristocratic,  and 
above  all  things  romantic.     Only  with  the  coming 
ot  the  loosely  sordid,  commercial,  and  despicable 
American  did  this  Arcadia  fade  to  the  strains  of 
dying  and  pathetic  music.     According  to  another 


SPANISH  DAYS  5 

school  of  writers -mainly  authors  of  personal 
reminiscences  at  a  time  when  growing'  antagonism 
was  accentuating  the  difference  in  ideals  — the 
"greaser"  was  a  dirty,  idle,  shiftless,  treacherous, 
tawdry    vagabond,    dwelhng    in    a    disgracefully 

primitive  house,  and  backward  in   every  aspect 

of  civilization. 

The  truth,  of  course,  lies  somewhere  between 
the  two  extremes,  but  its  exact  location  is  difficult 
though  not  impossible  to  determine.     The  influ- 
ence of  environment  is  sometimes  strong,  but  hu- 
man nature  does  not  differ  much  from  age  to  age. 
Racial  characteristics  remain  approximately  the 
same.     The  Californians  were  of  several  distinc;t 
classes.    The  upper  class,  which  consisted  of  a  very 
few  families,  generally  included  those  who  had  held 
office,  and  whose  pride  led  them  to  intermarry. 
Pure  blood  was  exceedingly  rare.     Of  even  the 
best   the   majority   had    Indian    blood;    but    the 
slightest  mixture  of  Spanish  was  a  sufficient  claim 
to  gentility.     Outside  of  these   "first  families," 
the  balk  of  the  population  came  from  three  sources: 
the  original    military    adjuncts    to   the  missions,' 
those  brought  in  as  settlers,  and  convicts  imported 
I     to  support  one  side  or  another  in  the  innumer- 
able political  squabbles.     These  diverse  elements 


^m^J 


e  THK  FORTV-XINKHS 

sliiimJ  our  seiitiiiu'iit  only  — an  avcrsMm  to  work. 
The  fiH'ling  hud  grown  up  that  in  order  to  niain- 
taui  the  prestige  of  the  soldier  in  the  eyes  of  the 
natives  it  was  highly  improper  that  he  should  ever 
do  any  labor.  The  settlers,  of  whom  there  were 
fc  ,  had  themselves  been  induced  to  immigrate  !)v 
rather  extravagant  promises  of  an  easy  life.  The 
convicts  were  only  what  was  to  be  expected. 

If  limitJitions  of  space  and  subject  permitted,  it 
would  be  pleasant  to  portray  the  romantic  life  of 
those   pastoral    days.     Arcadian  conditions  were 
then  more  nearly  attained  than  perhaps  at  any 
other  time  in  the  world's  history.    The  picturesque, 
easy,  idle,  pleasant,  fiery,  aristocratic  life  has  been 
elsewhere  so  well  depicted  that  it  has  taken  on  the 
quality    jf  rosy  legend.     Nobody  did  any  more 
work  than  it  pleased  him  to  do;  everybody  was 
well-fed  and  happy;  the  women   were  beautiful 
and  chaste;  the  men  were  bold,  fiery,  spirited, 
gracefully  idle;  life  was  a  succession  of  picturesque 
merrymakings,     lovemakings,     intrigues,     visits, 
lavish  hospitalities,  harmless  politics,  and  revolu- 
tions.    To  be  sure,  there  were  but  few  signs  of 
progressive  spirit.     People  traveled  on  horseback 
because  roads  did  not  exist      They  wore  silks  and 
diamonds,  lace  and  satin,      ut  their  houses  were 


SPANISH  DAYS  ^ 

crude,  and  conveniVncvs  wero  simple  «r  onlircly 
lacking.  Their  very  vehicles,  with  'voodrn  axh's 
and  wheels  made  of  the  cross-section  of  a  tree, 
were  such  as  an  East  African  savage  would  hv 
ashamed  of.  But  who  cared.'  And  since  no  one 
wished  in  provements,  why  worry  about  tlieni.' 

Certainly,  judged  by  the  standards  of  a  trul  v  pro- 
gressive race,  the  Spanish  occupation  had  many 
shortcomings.     Agriculture   was  so   little   known 
that  at  times  the  country  nearly  starved.     Con- 
temporary travelers  mention  this  fact  with  wonder. 
"There  is,"  says   Ryan,  "very  little  land  under 
cultivation  in   (he    vicinity  of  Monterey.     That 
which    strikes    the    foreigner    most    is    the    utter 
neglect  in  wh:ch  the  soil  is  left  and  the  indifference 
with  which  the  most  charming  sites  are  regarded. 
In  the  hands  of  the  English  and  Americans,  Monte- 
rey   would    be   a   beautiful    town    adorned    with 
gardens  and  orchards  and  surrounded  with  pictur- 
esque walks  and  drives.     The  natives  are,  unfortu- 
nately, too  ignorant  to  appreciate  and  too  indolent 
even     to     attempt     such     improvement."     And 
Captain   Charles   Wilkes   asserts   that   "notwith- 
standing  the  immense  number  of  domestic  animals 
m  the   country,  the    Californians  were  too  lazy 
^to  make  butter  or  cheese,  and  even  nu'lk  was  rare. 


8  THE  FORTY-NINERS 

If  there  was  a  little  good  .soap  and  leatlier  occasion- 
ally  found,  the  pt^iplo  were  too  indolent  to  make 
them  in  any  quantity.     The  earth   was  simply 
scratched  a  few  inches  by  a  mean  and  ill-contrived 
plow.     When  the  ground  had  been  turned  up  by 
repeated  scratching,  it  was  hoed  down  and  the 
clods  broLen  by  dragging  over  it  huge  branches 
of  trees.     Threshing  was  performed  by  spreading 
1      out  grain  on  a  spot  of  hard  ground,  treading  it 
with  _attle,  and  after  taking  off  the  straw  throwing 
the  remainder  up  in  the  breeze,  much  was  lost 
and  what  was  saved  was  foul. " 

General  shiftlessness  and  inertia  extended  also 
to  those  branches  wherein   the  Californian  was 
supposed  to  excel.     Even  in  the  matter  of  cattle 
and  sheep,  the  stock  was  very  inferior  to  that 
broughf  into  the  country  by  the  Americans,  and 
such  a  thiii^'  as  crossing  stock  or  improving  the 
breed  of  eithr    cattle  or  horses  was  never  thought 
of.     The  cattle  were  long-horned,  rough-skinned 
animals,  and  the  beef  was  tough  and  coarse.     The 
sheep,  while  of  Spanish  stock,  were  very  far  from 
being  Spanish   merino.     Their  wool   was  of  the 
poorest   quality,   entirely   unfit  for   exportation, 
and  their  meat  was  not  a  favorite  food. 

There  were  practically  no  manufactures  on  the 


.:^jj^\-t\j4si*^jmm'r 


■^.  :r''k%isK^\m^^L,m^' 


! 


SPANISH  DAYS  9 

whole  ooast.  The  inhabitants  depended  for  all 
luxu.Ies  and  necessities  on  foreign  trade,  and 
in  exchange  gave  hide  and  tallow  from  the  semi- 
wild  cattle  that  roamed  the  hills.  Even  this 
trade  was  discouraged  by  heavy  it  port  duties 
which  amounted  at  time?  to  one  hundred  per 
cent  of  the  value.  Such  conditions  naturally 
led  to  extensive  smuggling  which  was  connived 
at  by  most  officials,  high  and  low,  and  even  by 
the  monks  of  the  missions  themselves. 

Although  the  chief  reason  for  Spanish  occupancy 
was  to  hold  the  country,  the  provisions  for  defense 
were  iiot  only  inadequate  but  careless.     Thomes 
says,   in  Land  and  Sea,  that  the  fort  at  Mon- 
terey  was   "armed   with   four   long   brass   nine- 
pounders,  the  handsomest  guns  that  I  ever  saw 
all  covered  with  scroll  work  and  figures.     They 
were  mounted  on  ruined  and  decayed  carriages. 
Two  of  them   were   pointed   toward    the   planet 
Venus,  and  the  other  two  were  depressed  so  that 
had  they  been  loaded  or  fired  the  balls  would 
have  startled  the  p<K)ple  on  the  other  side  of  the 
hemisphere."     This  condition  was  typical  of  those 
throughout  the  so-called  armed  forts  of  California. 
The  picture  thus  presented  is  unjustly  shaded,  of 
course,  for  Spanish  California  had  its  ideal,  noble. 


Ma^i.'^ 


10  THE  FORTY-NINERS 

and  romantic  side.  In  a  final  estimate  no  one 
could  say  where  the  balance  would  be  struck;  but 
our  purpose  is  not  to  strike  a  final  balance.  We 
are  here  endeavoring  to  analyze  the  reasons  why 
the  task  of  the  American  conquerors  was  so  easy, 
and  to  explain  the  facility  with  which  the  original 
population  was  thrust  aside. 

It  is  a  sometimes  rather  annoying  anomaly  of 
human  nature  that  the  races  and  individuals  about 
whom  are  woven  the  most  indestructible  mantles 
of  romance  are  generally  those  who,  from  the  stand- 
point of  economic  stability  or  solid  moral  quality, 
are  the  most  variable.     We  staid  and  sober  citizens 
are  inclined  to  throw  an  aura  of  picturesqueness 
about  such  creatures  as  the  Stuarts,  the  dissipated 
Virginian    cavaliers,    the    happy-go-lucky    barren 
artists  of  the  Latin  Quarter,  the  fiery  touchiness  of 
that  so-called  chivalry  which  was  one  of  the  least 
important  features  of  Southern  life,  and  so  on. 
We  staid  and  sober  citizens  generally  object  strenu- 
ously to  living  in  actual  contact  with  the  unpunctu- 
ality,  unreliability,  unreasonableness,  shiftlessness, 
and  general  irresponsibility  that  are  the  invariable 
concomitants  of  this  i)icturesqueness.     At  a  safe 
distance  we  prove  less  critical.     We  even  go  so 
far  as  to  regard  this  unfamiliar  life  as  a  mental 


SPANISH  DAYS 


11 


anodyne  or  antidote  to  the  rigid  responsibility  of 
our  own  everyday  existence.  We  use  these  his- 
torical accounts  for  moral  relaxation,  much  as 
some  financiers  or  statisticians  are  said  to  read 
cheap  detective  stories  for  complete  niental 
relaxation. 

But  the  Californian's  undoubtedly  admirable 
(lualities  of  generosity,  kindheartedness  (when- 
ever narrow  prejudice  or  very  lofty  pride  was  not 
touched),  hospitality,  and  all  the  rest,  proved,  in 
the  eyes  of  a  practical  people  confronted  with  a 
large  and  practical  job,  of  little  value  in  view  of  his 
predominantly  negative  qualities.  A  man  with 
all  the  time  in  the  world  rarely  gets  on  with  a  man 
who  has  no  time  at  all.  The  newcomer  had  his 
house  to  put  in  order;  and  it  was  a  very  big  house. 
The  American  wanted  to  get  things  done  at  once; 
the  Californian  could  see  no  especial  reason 
for  doing  them  at  all.  E^'en  when  his  short-lived 
enthusiasm  happened  to  be-  aroused,  it  was  for 
action  tomorrow  rather  than  today. 

For  all  his  amiable  qualities,  the  mainspring  of 
the  Californian's  conduct  was  at  bottom  the 
impression  he  could  make  upon  others.  The 
magnificence  of  his  apparel  and  his  accoutrement 
indicated  no  feeling  for  luxury  but  rather  a  fond- 


12  THE  FORTY-NINERS 

ness  for  display.     His  pride  and  quick-tempered 
honor  were  rooted  in  a  desire  to  stand  well  in  the 
eyes  of  his  equals,  not  in  a  desire  to  stand  well 
with   himself.     In   consequence  he   had   not   the 
builder's    fundamental    instinct.     He    made    no 
effort  to  supply  himself  with  anything  that  did  not 
satisfy  this  amiable  desire.     The  contradictions  of 
his   conduct,   therefore,    become   comprehensible. 
We  begin  to  see  why  he  wore  silks  and  satins  and 
why  he  neglected  what  to  us  are  necessities.     We 
see  why  he  could  display  such  admirable  carriage 
in   rough-riding  and   lassoing  grizzlies,   and    yet 
seemed  to  possess  such  feeble  military  efficiency. 
We  comprehend  his  generous  hospitality  coupled 
with  his  often  narrow  and  suspicious  cruelty.     In 
fact,  all  the  contrasts  of  his  character  and  action 
begin  to  be  clear.     His  displacement  was  natural 
when  confronted  by  a  people  who,  whatever  their 
serious  faults,  had  wants  and  desires  that  came 
from  within,  who  possessed  the  instinct  to  create 
and  to  hold  the  things  that  would  gratify  those 
desires,  and  who,  in  the  final  analysis,  began  to 
care  for  other  men's  opinions  only  after  they  had 
satisfied  their  own  needs  and  desires. 


CHAPTER  n 


THE    AMERICAN    OCCUPATION 


From  the  earliest  period  Spain  had  discouraged 
foreign  immigr  Lion  into  California.  Her  object 
was  neither  to  attract  settlers  nor  to  develop  the 
coui  y,  but  to  retain  political  control  of  it,  and 
to  make  of  it  a  possible  asylum  for  her  own  people. 
Fifty  years  after  the  founding  of  the  first  mission 
at  San  Diego,  California  had  only  thirteen  inhabi- 
tants of  foreign  birth.  Most  of  these  had  become 
naturalized  citizens,  and  so  were  in  name  Spanish. 
Of  these  but  three  were  American! 

Subsequent  to  1822,  however,  the  number  of 
foreign  residents  rapidly  increased.  These  people 
were  mainly  of  substantial  character,  possessing  a 
real  interest  in  the  country  and  an  intention  of  per- 
manent settlement.  Most  of  them  became  natural- 
ized, married  Spanish  women,  acquired  property, 
and  became  trusted  citizens.  In  marked  contrast 
to  their  neighbors,  tbey  invariably  displayed  the 

13 


H  THE  FORTY-NINERS 

greatest  energy  and  enterprise.  They  were  gener- 
ally liked  by  the  natives,  and  such  men  as  Hartnell, 
Richardson,  David  Spence,  Nicholas  Den,  and 
many  others,  lived  lives  and  left  reputations  to 
be  envied. 

Between  1830  and   1840,  however,  Americans 
of  a  different  type  began  to  present  themselves. 
Southwest  of  the  Missouri  River  the  ancient  town 
of  Santa  Fe  attracted  trappers  and  traders  of  all 
nations  and  from  all  parts  of  the  great  West.    The'e 
they  met  to  exchange  their  wares  and  to  organ- 
ize new  expeditions  into  the   remote  territories. 
Some  of  them  naturally  found  their  way  across  the 
western  mountains  into  California.     One  of  the 
most  notable  was  James  Tattie,  whose  personal 
narrative  is  well  worth  reading.     These  men  were 
bold,  hardy,  rough,  energetic,  with  little  patience 
for  the  refinements  of  life -in  fact,  aiametricallv 
opposed  in  character  to  the  easy-going  inhabitants 
of   California.     Contempt  on   the   one   side  and 
distrust  on  the  other  were  inevitable.     The  trap- 
pers  and   traders,    together    with    the    deserters 
from  whalers  and  other  ships,  banded  together  in 
small  communities  of  the  rough  type  familiar  to 
any  observer  of  our  frontier  communities.     They 
looked  down  upon  and  despised  the  "greasers/' 


THE  AMERICAN  OCCUPATION  l. 


rho 


ss 


WHO  in  turn  did  everything  in  their  power  to  h 
them  by  political  and  other  means. 

At  first  isolated  parties,  such  as  those  of  Jedediah 
Smith,  the  Patties,  and  some  others,  had  been 
imprisoned  or  banished  eastward  over  the  Rockies. 
The  pressure  of  increasing  numbers,  combined 
with  the  rather  idle  carelessness  into  which  all 
California-Spanish  regulations  seemed  at  length 
to  fall,  later  nullified  this  drastic  policy.  Notori- 
ous among  these  men  was  one  Isaac  Graham,  an 
American  trapper,  who  had  become  weary  of  wan- 
dering and  had  settled  near  Natividad.  There  he 
established  a  small  distillery,  and  in  consequence 
drew  about  him  all  the  rough  and  idle  characters 
of  the  country.  Some  were  trappers,  some  sailors; 
a  few  were  Mexicans  and  renegade  Indians.  Over 
ail  of  these  Graham  obtained  an  absolute  control. 
Th(\-  were  most  of  them  of  a  belligerent  nature  and 
expert  shots,  accustomed  to  taking  care  of  them- 
selves in  the  wilds.  This  little  band,  though  it 
consisted  of  only  thirty-nine  members,  was  there- 
fore considered  formidable. 

A  rumor  that  these  people  were  plotting  an 
uprising  for  the  purpose  of  overturning  the  govern- 
ment aroused  Governor  Alvarado  to  action.  It  is 
l)r()bable  that  the  rumors  in  question  were  merelv 


16  THE  FORTY-NINERS 

the  reports    of  boastful    drunken  vaporings  and 
would  better  have  been  ignored.     However,  at  this 
time  Alvarado,  recently  arisen  to  power  through 
the  usual  revolutionary  tactics,  felt  himself  not  en- 
tirely secure  in  his  new  position.     He  needed  some 
distraction,    and    he    therefore    seized    upon    the 
rumor  of  Graham's  uprising  as  a  means  of  solidify- 
ing his  influence  — an  expedient  not  unknown  to 
modern  rulers.     He  therefore  ordered  the  prefect 
Castro  to  arrest  the  party.     This  was  done  by  sur- 
prise.    Graham  and  his  companions  were  taken 
from  their  beds,  placed  upon  a  ship  at  Monterey, 
and  exiled  to  San  Bias,  to  be  eventually  delivered 
to   the   Mexican    authorities.     There   they    were 
held  in  prison  for  some  months,  but  being  at  last 
released  through  the  efforts  of  an  American  lawyer, 
most  of  them  returned  to  California  rather  better 
off  than  before  their  arrest.     It  is  typical  of  the 
vacillating   Californian   policy   of  the   day   that, 
on  their   return,  Graham  and  his  riflemen   were 
at  once  made  use  of  by  one  of  the  revolutionary 
parties  as  a  reinforcement  to  their  military  power! 
By  1840  the  foreign  population  had  by  these 
rather   desultory   methods   been   increased    to   a 
few  over  four  hundred  souls.     The  majority  cuuld 
not  be  described  as  welcome  guests.     Thev  had 


i 


THE  AMERICAN  OCCUPATION  17 

rarely  come  into  the  country  with  the  deliberate 
intention  of  settling  but  rather  as  a  traveler's 
chance.  In  November,  1841,  however,  two  par- 
ties of  quite  a  diflFerent  character  arrived.  They 
were  the  first  true  immigrants  into  California ,  and 
their  advent  is  significant  as  marking  the  beginning 
of  the  end  of  the  old  order.  One  of  these  parties 
entered  by  the  Salt  Lake  Trail,  and  was  the 
forerunner  of  the  many  pioneers  over  that  great 
central  route.  The  other  came  by  Santa  Fe,  o^-er 
the  trail  that  had  by  now  become  so  well  marked 
j  that  they  hardly  suffered  even  inconvenience  on 
'  their  journey.  The  first  party  arrived  at  Monte 
Diablo  in  the  north,  the  other  at  San  Gabriel 
Mission  in  the  south.  Many  brought  their  fami- 
lies with  them,  and  they  came  with  the  evident 
intention  of  settling  in  California. 

The  arrival  of  these  two  parties  presented  to  the 

Mexican   Government  a   problem   that   required 

immediate  solution.     Already  in  anticipation  of 

■  such  an  event  it  had  been  provided  that  nobody 

who  had  not  obtained  a  legal  passport  should  be 

permitted  to  remain  in  the  country;  and  that  even 

old  settlers,  unless  naturalized,  should  be  required 

;  to  depart  unless  they  procured  official  permission 

i  to  remain.     Naturally  none  of  the  new  arrivals 


18  THE  FORTY-NINERS 

had  received  notice  of  this  law,  and  they  were  i*^' 
consequence  unprovided  with  the  proper  passpv^rvs. 
Legally  they  should  have  been  forced  at  once  to 
turn  about  and  return  by  the  way  they  came. 
Actually  it  would  have  been  inhuman,  if  not 
impossible,  to  have  forced  them  at  that  season  of 
the  year  to  attempt  the  mountains.  General 
Vallejo,  always  broad-minded  in  his  policies,  used 
discretion  in  the  matter  and  provided  those  in  his 
district  with  temporary  permits  to  remain.  He 
required  only  a  bond  signed  by  other  Americans 
who  had  been  longer  in  the  country. 

Alvarado  and  Vallejo  at  once  notified  the 
Mexican  Government  of  the  arrival  of  these 
strangers,  and  both  expressed  fear  that  other  and 
larger  parties  would  follow.  These  fears  were 
very  soon  realized.  Succeeding  expeditions  set- 
tled in  the  State  with  the  evident  intention  of 
remaining.  No  serious  effort  was  made  by  the 
California  authorities  to  keep  them  out.  From 
time  to  time,  to  be  sure,  formal  objection  was 
raised  and  regulations  were  passed.  However, 
as  a  matter  of  plain  practicability,  it  was  mani- 
festly impossible  to  prevent  parties  from  starting 
across  the  plains,  or  to  inform  the  people  living 
in  the  Eastern  States  of  ihe  regulations  adopted 


THE  AMERICAN  OCCUPATION  19 

by  California.  It  must  be  remembered  that 
^•ommunication  at  that  time  was  extraordinarily 
slow  and  broken.  It  would  have  been  cruel  and 
unwarranted  to  drive  away  those  who  had  already 
arrived.  And  even  were  such  a  course  to  be  con- 
templated, a  garrison  would  have  been  necessary  at 
every  mountain  pass  on  the  East  and  North,  and 
at  every  crossing  of  the  Colorado  River,  as  well  as 
at  every  port  along  the  coast.  The  government 
in  California  had  not  men  sufficient  to  handle 
its  own  few  antique  guns  in  its  few  coastwise 
forts,  let  alone  a  surplus  for  the  purpose  just 
described.  And  to  cap  all,  provided  the  garri- 
sons had  been  available  and  could  have  been 
placed,  it  would  have  been  physically  impossible 
to  have  supplied  them  with  provisions  for  even  a 
single  month. 

Truth  to  tell,  the  newcomers  of  this  last  class  were 
not  personally  objectionable  to  the  Californians. 
The  Spanish  considered  them  no  different  from 
those  of  their  own  blood.  Had  it  not  been  for  an 
uneasiness  lest  the  enterprise  of  the  American 
settlers  should  in  time  overcome  Californian  in- 
terests, had  it  not  been  for  repeated  orders  from 
Mexico  itself,  and  had  it  not  been  for  reports  that 
I  ten  thousand  Mormons  had  recently  left  Illinois 


«0  THE  FORTY-NINERS 

for  California,  it  i.s  doubtful   if  much  attention 
would  have  hoen  paid  to  the  first  innnigrants. 

Westward  migration  at  this  time  was  given  an 
added    impetus    by    the    Oregon    question.     The 
status  of  Oregon  had  long  been  in  doubt.     Both 
England  and  the  United  States  were  inclined  to 
claim    priority    of    occupation.     The    boundary 
between  Canada  and  the  United  States  had  not 
yet  been  decided  upon  between  the  two  countries. 
Though  tliey  had  agreed  ujwn  the  compromise  of 
joint  occupation  of  the  disputed  land,  this  arrange- 
ment did  not  meet  with  public  approval.     The 
land-hungry    took   a   particular    interest    in    the 
question  and  joined  their  voices  with  those  of  men 
actuated  by  more  patriotic  motives.     In  public 
meetings  which  were  held  throughout  the  country 
this    joint  occupation  convention  was  explained 
and  discussed,  and  its  abrogation  was  demanded. 
These    meetings    helped    to    form    the    patriotic 
desire.     Senator   Tappan   once   said    that    thirty 
thousand    settlers    with    their    thirty    thousand 
rifles  in  the  valley  of  the  Columbia  would  quickly 
settle  all  questions  of  title  to  the  country.     This 
saying  was  adopted  as  the  slogan  for  a  campaign 
in  the  West.    It  had  the  same  inspiring  effect  as 
the  later  famous  "54-40  or  fight."     People  wer(? 


1 

1 


THE  AMERICAN  OCCUPATION  21 

aroused  as  in  the  olden  times  they  had  been  aroused 

f  to  the  crusades.  It  became  a  form  of  mental 
contagion  to  talk  of,  and  finally  to  accomplish, 
the  journ^'y  to  the  Northwest.  Though  no  accu- 
rate records  were  kept,  it  is  estimated  that  in 
1843  over  800  people  crossed  to  Willamette 
\'alley.     By  1845  this  immigration  had  increased 

:  to  fully  3000  within  the  year. 

Because  of  these  conditions  the  Oregon  Trail 
had  become  a  nation.tl  highway.  Starting  at 
Independence,  which  is  a  suburb  of  the  present 

I  Kansas  City,  it  set  out  over  the  rolling  prairie. 

5  At  that  time  the  wide  plains  were  bright  with 
wild    flowers    and    teeming    with    game.     Elk, 

;  antelope,  wild  turkeys,  buffalo,  deer,  and  a  great 
variety  of  smaller  creatures  supplied  sport  and  food 
in  plenty.  Wood  and  water  were  .'n  every  ravine; 
the  abundant  grass  was  sufficient  to  maintain  the 
swarming  hordes  of  wild  animals  and  to  give  rich 
pasture  to  horses  and  oxen.  The  journey  across 
these  prairies,  while  long  and  hard,  could  rarely 
have  been  tedious.  Tremendous  thunderstorms 
succeeded  the  sultry  heat  of  the  West,  an  occa- 
sional cyclone  added  excitement;  the  cattle  were 
apt  to  stampede  senselessly;  and,  while  the  Indian 
had  not  yet   developed   the  hostility  that  later 


'•  •1 


^^  THK  FORTV-\r\KRS 

made  a  journey  across  the  plains  so  (JanKrrous. 
nevertheless  the  possihihties  of  tlieft  were  always 
near  enough  at  hand  to  keep  the  traveler  aK'rt  and 
intereste,i.  Then  there  was  the  sandy  country 
of  the  Platte  River  with  its  buffalo  — buffalo  by 
the  hundreds  of  thousands,  as  far  as  tlie  eye  could 
reach  — a  marvelous  sight;  and  beyond  tlmt  again 
the  r  ockies,  by  way  of  Fort  Laramie  and  South 
Pass. 

Beyond  Fort  Hall  the  Oregon  Trail  and  the 
trail  for  California  divided.  And  at  this  point 
there  began  the  terrible  jjart  of  the  journey  — 
the  arid,  alkaline,  thirsty  desert,  short  of  game, 
horrible  in  its  monotony,  deadly  with  its  thirst. 
It  is  no  wonder  that,  weakened  by  their  sufferings 
in  this  inferno,  so  many  of  the  immigrants  looked 
upon  the  towering  walls  of  the  Sierras  with  a 
sinking  of  the  heart. 

While  at  first  most  of  the  influx  of  settlers  was  by 
way  of  Oi-egon,  later  the  stories  of  the  new  country 
that  made  their  way  eastward  induced  travelers 
to  go  direct  to  California  itself.  The  immigra- 
tion, both  from  Oregon  in  the  North  and  by  the 
route  over  the  Sierras,  increased  so  rapidly  that 
in  1845  there  were  probably  about  700  Ameri- 
cans   in    the    district.     Those    coming    over    the 


•oils, 

vavs 

and 

ritrv 

,  by 

Juld 

;;aiii 

tutli 

th.' 
)in( 

me, 

r.st. 

ct'd 
I    u 

hv 

try 

«. 

LM'S 

ra- 
l.c 
lat 
ri- 


TIIK  AMKRK  A\  OCCLRVTIOX  ^n 

Sli-rras  hy  the  Carscn  Sink  an.l  Salt  Lako  trails 
arrived  first  of  ail  at  t\w  fort  l,uilt  l,y  Captain 
SultcT  at  tlR.  junction  of  the  American  and 
Sacramento  rivers. 

Captain  Sutter  was  a  man  of  Swiss  parentage 
who  had  arrived  in  San  Francisco  in  IHiii)  without 
nuich  capital  an,|  with  only  the  assets  of  consider- 
;  ahle  ability  and  great  driving  force.     From  the 
Ciovernor  he  obtained  grant  of  a  large  tract  of 
land  "somewhere  in  the  interior"  for  the  purposes 
of  colonizatior.       His   colonists  consisted   of  one 
I  (Jerman,  four  other  white  men,  and  eight  Kana- 
I  kas.     The  then  (Jovernor,  Alvara.lo,  thought  this 
I  rather   a   small    begiruiing,    but    advised    him    to 
I  take  out  naturalization  papers  and  to  select  a  loca- 
I  tion.     Sutter  set  out  on  his  somewhat  vague  quest 
^^vilh  a  lour-oared  boat  and  two  small  schooners 
|loa<led  with  provisions,  in.plements,  amnmnition,' 
I  and  three  sn.all  cannon.     Besides  his  original  party 
I  Ik  Uxyk  an  Indian  boy  and  a  dog,  the  latter  prov- 
j  "ig  by  no  means  the  least  useful  member  of  the 
|cu.npany.      He    found    at    the    junction    of    the 
I  American  and  Sacramento  rivers  the  location  that 
Jaiipealed  to  him,  ami  there  he  established  him^elf 
jUis  knack   with   the  Indians  soon  enlisted  th«r 
services.     He  seems  to  have  been  able  to  keep  his 


.^mmmiMmm8i^*.\^^mf9txmm^W::Lm:w-.  -e,..^ji;'  ^^^...33 


24 


THE  FORTY-XIXERS 


if."  ■01,101  ts  with  them  and  at  the  same  time  to 
maiiiuiiii  rigid  discipHne  and  control. 

Within  an  incredibly  short  time  he  had  estab- 
lished  a  feudal  barony  at  his  fort.  He  owned 
eleven  square  leagues  of  land,  four  thousand  two 
hundred  cattle,  two  thousand  horses,  and  about  as 
many  sheep.  His  trade  in  beaver  skins  was  most 
profitable.  He  maintained  a  force  of  trapper^- 
who  were  always  welcome  at  his  fort,  and  whom  he 
generously  kept  without  cost  to  themselves.  He 
taught  the  Indians  blanket-weaving,  hat-making', 
and  ether  trades,  and  he  even  organized  them  into 
military  companies.  The  fort  which  he  built  w;i.s 
enclosed  on  four  sides  and  of  imposing  dimensions 
and  convenience.  It  mounted  twelve  pieces  of 
artillery,  supported  a  regular  garrison  of  forty  in 
uniform,  and  contained  within  its  walls  a  black- 
smith shop,  a  distillery,  a  flour  mill,  a  cannorv. 
and  space  for  other  necessary  industries.  Outside 
the  walls  of  the  fort  Captain  Sutter  raised  wheat, 
oats,  and  barley  in  quantity,  and  even  established 
an  excellent  fruit  and  vegetable  garden. 

Indeed,  in  every  way  Captain  Sutter's  environ- 
ment and  the  results  of  his  enterprises  w<*re  in  signi- 
ficant contrast  to  the  inactivity  and  backwardness 
of  his  neighbors.     He  showed  what  an  energetic 


THE  AMERICAN  OCCUPATION  25 

man  could  accomplish  with  exactly  the  same  hu- 
man powers  and  material  tools  as  had  always 
been  available  to  the  Californians.  Sutter  him- 
self was  a  rather  short,  thick-se*  inUi:,  exquisitely 
neat,  of  military  bearing,  carr  in/  himse!!  with 
what  is  called  the  true  old-fa  'rvi<<!  courtesy. 
He  was  a  man  of  grct  generosity  and  of  high  spirit. 
His  defect  was  an  excess  of  ambition  which  in 
the  end  o'erleaped  itself.  There  is  no  doubt  that 
his  first  expectation  was  to  found  an  independent 
state  within  the  borders  of  California.  His  lovaltv 
to  the  Americans  was,  however,  never  questioned, 
and  the  fact  that  his  lands  were  gradually  taken 
from  him,  and  that  he  died  finally  in  comparative 
poverty,  is  a  striking  comment  on  human  injustice. 
The  important  point  for  us  at  present  is  that 
Sutter's  Fort  happened  to  be  exactly  on  the  line 
of  the  overland  immigration.  For  the  trail- 
weary  traveler  it  was  the  first  stopping-place 
after  crossing  the  high  Sierras  to  the  promised 
land.  Sutter's  natural  generosity  of  character  in- 
duced him  always  to  treat  these  men  with  the 
greatest  kindness.  He  made  his  profits  from  such 
uft  vv  ished  to  get  rid  of  Iheir  oxen  and  wagons  in  ex- 
change for  the  commodities  which  he  had  to  offer. 
But  there  is  no  doubt  that  the  worthy  captain 


26 


THE  FORTY-NINERS 


displayed   the  utmost   liberality  in  dealing  with 
those  whom  poverty  had  overtaken.     On  several 
occasions  he  sent  out  expeditions  at  his  personal 
cost  to  rescue  parties  caught  in  the  mountains 
by  early  snows  or  other  misfortunes  along  the  road. 
Especially  did  he  go  to  great  expense  in  the  matter 
of  the  ill-fated  Donner  party,  who,  it  will  be  re- 
membered, spent  the  winter  near  Truckee,  and 
were  reduced  to  cannibalism  to  avoid  starvation.' 
Now  Sutter  had,   of  course,   been  naturalized 
in  order  to  obtain  his  grant  of  land.     He  had  also 
been    appointed    an    official    of    the    California- 
Mexican  Government.     Taking  advantage  of  this 
fact,  he  was  accustomed  to  issue  permits  or  pass- 
ports   to    the    immigrants,    permitting    them    to 
remain    in    the    country.     Thi     gave    the    immi- 
grants a  certain   limited  standing,   but,   as  they 
were  not  Mexican  citizens,  they  were  disqualified 
from  holding  land.     Nevertheless  Sutter  used  his 
good  offices  in  showing  desirable  locations  to  the 
would-be  settlers.  ■" 

■  See  The  l'a.s.s!,iy  of  the  Frontier,  in  "  The  Chronicles  of  America." 
^  It  is  to  i,e  rcniiirked  that,  prior  to  the  gold  rush,  American  settle- 
ments did  not  take  place  in  the  Spanish  South  l-,ut  in  the  unoccupied 
North.  In  184.3  Castro  and  Castillero  made  a  tour  through  the  .Sacra- 
mento Valley  and  the  northern  regions  to  inquire  about  the  new  ar- 
rivals. Castro  displayed  no  personal  uneasiness  at  their  presence  and 
made  no  attempt  or  threat  to  deport  them. 


I 


I 


THE  AMERICAN  OCCUPATION  27 

As  far  as  the  Californians  were  concerned, 
there  was  little  rivalry  or  interference  between 
the  immigrants  and  the  natives.  Their  interests 
did  not  as  yet  conflict.  Nevertheless  the  central 
Mexican  Government  continued  its  commands  to 
prevent  any  and  all  imnn'gration.  It  was  rather 
well  justified  by  its  experience  in  Texas,  where 
settlement  had  ended  by  final  absorption.  The 
local  Californian  authorities  were  thus  thrust  be- 
tween the  de^•il  and  the  deep  blue  sea.  They  were 
constrained  by  the  very  positive  and  repeated 
orders  from  their  home  government  to  keep  out 
all  immigration  and  to  eject  those  already  on  the 
ground.  On  the  other  hand,  the  means  for  doing 
so  were  entirely  lacking,  and  the  present  situation 
did  not  seem  to  them  alarminir. 

Thus  matters  drifted  al<  >til  the  Mexican 

War.  For  a  considerable  tii  .  .jefore  actual  hos- 
tilities broke  out,  it  was  well  known  throughout 
the  country  that  they  were  imminen*  Everv 
naval  and  military  commander  was  })erfectly 
aware  that,  sooner  or  later,  war  was  inevitable. 
Many  had  received  their  instn  .,ons  in  case  of 
that  eventuality,  and  most  of  the  others  had  indi- 
vidual plans  to  be  put  into  execution  at  the  earli- 
est possible  moment.      Indeed,  as  early  as  184'2 


28  THE  FORTY-NINERS 

Commodore  Jones,  being  misinformed  of  a  state 
of  war,  raced  with  what  he  supposed  to  be  Eng- 
lish war-vessels  from  South  America,  entered  the 
port  of  Monterey  hastily,  captured  the  fort,  and 
raised  the  American  flag.     The  next  day  he  dis- 
covered that  not  only  waj  there  no  state  of  war, 
but  that  he  had  not  even  raced  British  ships! 
The  flag  was  thereupon  hauled  down,  the  Mexican 
emblem   substituted,    appropriate   apologies    and 
salutes  were  rendered,  and  the  incident  was  con- 
sidered closed.     The  easy-going  Californians  ac- 
cepted the  apology  promptly  and  cherished  no 
rancor  for  the  mistake. 

In  the  meantime  Thomas  O.  Larkin,  a  very 
substantial  citizen  of  long  standing  in  the  country, 
had  been  app^^.^xted  consul,  and  in  addition  re- 
ceived a  sum  of  six  dollars  a  day  to  act  as  secret 
agent.  It  was  hoped  that  his  great  influence 
would  avail  to  inspire  the  Californians  wath  a 
desire  for  peaceful  annexation  to  the  United 
States.  In  case  that  policy  failed,  he  was  to  use 
all  means  to  separate  them  from  Mexico,  and  so 
isolate  them  from  their  natural  alliances.  He 
was  furthermore  to  persuade  them  that  Exigiand, 
France,  and  Russia  had  sinister  designs  on  their 
liberty.     It  was  hoped  that  his  good  offices  would 


THE  AMERICAN  OCCUPATION  29 

slowly  influence  public  opinion,  and  that,  on  the 
declaration  of  open  war  with  Mexico,  the  United 
States  flag  could  be  hoisted  in  California  not  only 
without    opposition    but    with    the    consent    and 
approval  of  the  inhabitants.     This  type  of  peace- 
ful conquest  had  a  very  good  chance  of  success. 
Larkin    possessed    the    confidence    of    the   better 
class  of  Calif ornians  and  he  did  his  duty  faithfully. 
Just   at   this   moment   a   picturesque,   gallant, 
ambitious,     dashing,     and     rather    unscrui)ulous 
character  appeared  inopportunely  on  the  horizon. 
His  name  was  John  C.  Fremont.     He  was  the  son 
of  a  French  father  and  a  Virginia  mother.    He  was 
thirty-two  years  old,  and  was  married  to  the  daugh- 
ter of  Thomas  H.  Benton,  United  States  Senator 
from  Missouri  and  a  man  of  great  influence  in 
the  country.     Possessed  of  an  adventurous  spirit, 
considerable    initiative,     and    great    persistence, 
Fremont  had  already  performed  the  feat  of  cross- 
ing the  Sierra' Nevadas  by  way  of  Carson  River 
and  Johnson  Pass,  and  had  also  explored  the  Col- 
umbia River  and  various  parts  of  the  Northwest. 
Fremont  now  entered  California  by  way  of  Walker 
Lake    and    the    Truckee,    and    reached    Sutter's 
Fort  in  1845.     He  then  turned  southward  to  meet 
a  division  of  his  party  under  Joseph  Walker. 


imi 


30  THE  FORTY-XIXERS 

His  expedition  was  friendly  in  character,  with 
the    object    of  surveying    a    route   westward    to 
the  Pacific,  and  then  northward    to  Oregon.     It 
supposedly    possessed    no    military     iniportanc;; 
whatever.     But  his  turning  south  to  meet  Walker 
instead  of  north,  where  ostensibly  his  duty  called 
him,  immediately  aroused  the  suspicions  of  the 
Californians.     Though  ordered  to  leave  the  dis- 
trict,   he   refused   comi)liance,   and   retired   to   a 
place    called    Gavilan    Peak,    where    he    erected 
fortifications  and  raised  the  United  States  flag. 
Probably    Fremont's    intentions    were    perfectly 
friendly    and    peaceful.     He    made,    however,    a 
serious  blunder  in  withdrawing  within  fortifica- 
tions.    After  various  threats  by  the  Californians 
but   no  performance   in   the   way  of  attack,   he 
withdrew  and  proceeded  by  slow  marches  to  Sut- 
ter's Fort  and  thence  towards  the  north.     Near 
Klamath  Lake  he  was  overtaken  by  Lieutenant 
Gillespie,  who  delivered  to  him  certain  letters  and 
papers.     Fremont  thereupon  calmly  turned  south 
with  the  pick  of  his  men. 

In  the  meantime  the  Spanish  sub-prefect,  Guer- 
rero, had  sent  word  to  Larkin  that  "a  multitude 
of  foreigners,  having  come  into  California  and 
bought  property,  a  right  of  naturalized  foreigners 


THE  AMERIv  AX  OCCUPATIOX 


31 


only,  he  was  under  nocossity  of  notifying  tlie 
authorities  in  each  town  to  inform  such  pur- 
chasers that  the  transactions  were  invalid,  and 
that  they  themselves  were  subject  to  be  expelled." 
This  action  at  once  ( aused  widespread  conster- 
nation among  the  settlers.  They  remembered 
the  deportation  of  C-^aham  and  his  party  some 
vears  before,  and  were  both  alarmed  and  thor- 
oughly  convinced  that  defensive  measures  were 
necessary.  Fremont's  return  at  precisely  this 
mome.it  seemed  to  them  very  significant.  He 
was  a  United  States  army  officer  at  the  head  of  a 
government  expedition.  When  on  his  way  to 
the  North  he  had  been  overtaken  by  Gillespie,  an 
officer  of  the  United  States  Xa\y.  Gillespie  had 
delivered  to  him  certain  papers,  whereupon  he 
had  immediately  returne'.  There  seemed  no 
other  interpretation  of  these  facts  than  that  the 
Government  at  Washington  was  prepared  to  up- 
hold by  force  the  American  settlers  in  California. 

This  reasoning,  logical  as  it  seems,  proves  mis- 
taken in  the  perspective  of  the  years.  Gillespie,  it 
is  true,  delivered  some  letters  to  Fremont,  but  it  is 
extremely  unlikely  they  contained  instructions 
having  to  do  with  interference  in  Californian  affairs. 
Gillespie,  at  the  same  time  that  he  brought  these 


82  THE  FORTY-MXERS 

dispatches  to  Fivmont,  brought  also  instructions  to 
Larkin  creating  the  confidential  agency  above  de- 
scribed, and  these  instructions  specifically  forbade 
interference   with   Californian   affairs.     It   is  un- 
reasonable   to    suppose    that    contradictory    dis- 
patches were  sent  to  one  or  another  of  these  two 
men.    Many  years  later  Fremont  admitted  that  the 
dispatch  to  Larkin  was  what  had  been  communi- 
cated to  him  by  Gillespie.     His  words  are:  "This 
officer  [Gillespie]  informed  me  also  that  he  was 
directed  by  the  Secretary  of  State  to  acquaint 
me  with  his  instructions  to  the  consular  agent, 
Mr.    Larkin."     Reading     Fremont's     character, 
understanding    his    ambitions,    interpreting    his 
later  lawless  actions  that  resulted  in  his  court- 
martial,   realizing  the  recklessness  of  his  spirit, 
and  his  instinct  to  take  chances,  one  comes  to  the 
conclusion  that  it  is  more  than  likely  that  his 
move  WPS  a  gamble  on  probabilities  rather  than  a 
result  of  direct  orders. 

Be  this  as  it  may,  the  mere  fact  of  Fremont's 
turning  south  decided  the  alarmed  settlers,  and 
led  to  the  so-called  "Bear  Flag  Revolution."  A 
number  of  settlers  decided  that  it  would  be  expedi- 
ent to  capture  Sonoma,  where  under  Vallejo  were 
nine  cannon    and    some    two   hundred    muskets 


^ 


THE  AMERICAN  OCCUPATION  33 

It  was,  in  fact,  a  sort  of  military  station.     Tlie 
capture    proved    to    he    a    very    simple    matter. 
Thirty-two  or  thirty-three  men  ai)pearecl  at  tlawn 
b«  fore  Vallejo's  house,  under  Merritt  and  Semple. 
They  entered   the  house  suddenly,  called   u[)on 
Jacob   Leese,   Vallejo's   son-in-law,   to   interpret, 
and   demanded   immediate   surrender.     Richman 
says  "Leese  was  surprised  at  the  'rough  looks'  of 
the  Americans.     Semple  he  describes  as  'six  feet 
six  inches  tall,  and  about  fifteen  inches  in  dianu'ter, 
dressed    in  greasy  buckskin  from  neck    to  foot, 
and  with  a  fox-skin  cap.'"     The  prisoners  were 
at  once  sent  by  these  raiders  to  Fremont,  who  v,as 
at  that  time  on  the  American  River.     He  im- 
mediately disclaimed  any  part  in  the  affair.     How- 
ever, instead  of  remaining  entirely  aloof,  he  gave 
further  orders  that  Leese,  who  was  still  in  attend- 
ance as  interpreter,  should  be  arrested,  and  also 
that  the  prisoners  should  be  confined  in  Sutter's 
Fort.     He  thus  definitolv  and  officially  entered 
the  movement.     Soon  thereafter  Fremont  started 
south  through  Sonoma,  collecting  men  as  he  went. 
The  following  quotation  from  a  contemporary 
writer  is  interesting  and  illuminating.     "A  vast 
cloud  of  dust  appeared  at  first,  and  thence  in 
long  files  emerged  this  wildest  of  wild  parties. 


:.4:!>3r/\ 


JU  THE  FORTV-MXERS 

Fremont  rode  alicud,  a  spare  active  looking  man, 
with  such  an  eye!  He  was  dresst'd  in  a  blouse 
and  leggings,  and  wore  a  felt  hat.  After  him 
came  five  Delaware  Indians  who  were  his  hodv- 
guard.  They  had  charge  of  two  baggage- horses. 
The  rest,  many  of  them  blacker  than  Indians, 
rode  two  and  two,  the  rifle  held  by  one  hand 
across  the  pummel  of  the  saddle.  The  dress  of 
these  men  was  principally  a  long  loose  coat 
of  deerskin  tied  with  thongs  in  front,  trousers  of 
the  same.  The  saddles  were  of  various  fashions, 
though  these  and  a  large  drove  of  horses  and  a 
brass  field  gun  were  things  they  had  picked  up  in 
California." 

Meantime,  ti  Americans  who  had  collected  in 
Sonoma,  under  liie  lead  ol  William  B,  Ide,  raised 
the  flag  of  revolution  —  "a  standard  of  somewhat 
uncertain  origin  as  regards  the  cotton  cloth 
whereof  it  was  made,"  writes  Royce.  On  this, 
they  painted  with  berry  juice  "  something  that  they 
called  a  Bear."  By  this  capture  of  Sonoma,  and 
its  subsequent  endorsement  by  Fremont,  Larking 
instructions  —  that  is,  to  secure  California  by  quiet 
diplomatic  means  —  were  absolutely  nullified.  A 
second  result  was  that  Englishmen  in  California 
were  much  encouraged  to  hope  for  English  inter- 


TIIK  AMKRICAX  OCCrPATIOX  :r> 

vcntion  and  proU'ction.  The  Vallcjo  circle  iia<] 
always  been  .strongly  favorable  to  tlic  United 
States.  The  effect  of  this  raid  and  capture  by 
United  States  citizens,  with  a  I'nited  States  officer 
endorsing  the  action,  may  well  be  guessed. 

Inquiries  and  protests  were  lodged  by  the  Cali- 
fornia authorities  with  Sloat  and  Lieutenant 
Montgomery  of  the  United  States  naval  forces. 
Just  what  effect  these  j)rotests  would  have  had, 
and  just  the  temperature  of  the  hot  water  in 
which  the  dashing  Fremont  would  have  found 
himself,  is  a  matter  of  surmise.  lie  had  gambled 
strongly  —  on  his  own  resjwnsibility  or  at  least 
at  the  unofficial  suggestion  of  Benton  —  on  an 
early  declaration  of  war  with  Mexico.  Failing 
such  a  declaration,  he  would  be  in  a  precarious 
diplomatic  position,  and  nmst  by  nu're  force 
of  automatic  disci[)line  have  been  heavily  pun- 
ished, vvever  the  dice  fell  for  him.  "War 
with  Mexico  was  almost  immediately  an  actual 
fact.  Fremont's  injection  into  the  revolution  had 
been  timed  at  the  happiest  possible  moment  for 
him. 

The  Bear  Flag  Revolution  took  place  on  June 
14, 1846.  On  July  7  the  American  flag  was  hoisted 
over  the  post  at  Monterey  by  Commodore  Sloat. 


'  M?^;::t    Fwl'^ 


M  THK  FORTY-NINERS 

Tliougli  he  had  knowlcflgr  from  June  5  of  a  state 
of  war,  this  knowled^'e,  apparently,  he  had  shared 
neither  with  his  offieers  nor  with  the  pubhc.  and 
he  exhibited  a  want  of  initiative  and  vigor  which 
is  in  striking  contrast  to  Fremont's  ambition  and 
overzeal. 

Shortly  after  this  incident  Commodore  Sloat 
was  allowed  to  return  "by  reason  of  ill  health," 
as  has  been  heretofore  published  in  most  histories. 
His  undoubted  recall  gave  room  to  Commodore 
Robert  Stockton,  to  whom  Sloat  not  only  turned 
over  the  command  of  the  naval  forces,  but  whom  he 
also  directed  to  "assume  command  of  the  forces 
and  operations  on  shore." 

Stockton   at   once   invited   Fremont   to   enlist 
under  his  command,  and  the  invitation  was  ac- 
cepted.    The  exitire  forces  moved  south  by  sea 
and  land  for  the  purpose  of  subduing  southern 
California.     This    end    was    temporarily    accom- 
plished with  almost  ridiculous  ease.     At  this  dis- 
tance of  time,  allowing  all  obvious  explanations  of 
lack  of  training,  meager  equipment,  and  internal 
dissension,  we  find  it  a  little  difficult  to  understand 
why  the  Californians  did  not  make  a  better  stand. 
Most   of   the   so-called    battles    were    a    sort    of 
opera  houffe.    Californians  entrenched  with  cannon 


4 


M 


THE  AMERK  AN  OLCUI'ATIOX  .'J7 

were  driven  contt'inptuously  forth,  williout  ca.siial- 
tics,  by  a  very  few  men.  For  example,  a  lieu- 
tenant and  nine  men  were  suffieient  to  hold  Santa 
Barbara  in  sul)jection.  Indeed,  the  contjuest  was 
too  easy,  for,  lulled  into  false  security,  Stock- 
ton departed,  leaving  as  he  supiKJsed  sufficient 
men  to  hold  the  country.  The  Californians  man- 
aged to  get  some  coherence  into  their  councils, 
attacked  the  Americans,  and  drove  them  forth 
from  their  garrisons. 

Stockton  and  Fremont  immediately  started 
south.  In  the  meantime  an  overland  party  under 
(Jeneral  Kearny  had  been  dispatched  from  the  East. 
His  instructions  were  rather  broad.  He  was  to 
take  in  such  small  sections  of  the  country  as  New 
Mexico  and  Arizona,  leaving  sufficient  garrisons 
on  his  way  to  California.  As  a  result,  though  his 
command  at  first  numbered  1G57  men,  he  arrived 
in  the  latter  state  with  only  about  100.  From 
Warner's  Ranch  in  the  mountains  he  sent  wora 
to  Stockton  that  he  had  arrived.  Gillespie, 
whom  the  Commodore  at  once  dispatched  with 
thirty-nine  men  to  meet  and  conduct  him  to  San 
Diego,  joined  Kearny  near  San  Luis  Rey  Mission. 

A  force  of  Californians,  however,  under  com- 
mand  of   one   Andres   Pico   had    been   hovering 


38  THE  FORTY-NINERS 

af)out  the  hills  watching  the  Americans.     It  was 
decided  to  attack  this  force.     Twenty  men  were 
detailed  under  Captain  Johnston  for  the  purpose. 
At  dawn  on  the  morning  of  the  6th  of  Decem- 
ber the  Americans  charged  upon  the  Cahfornian 
camp.     Tlie     Californians     promptly     decamped 
after  having   delivered   a    volley    which  resulted 
in    killing    Johnston.     The    Americans    at    once 
pursued  them  hotly,  became  much  scattered,  and 
were  turned   upon   by   the   fleeing   enemy.     The 
Americans     were    poorly     mounted     after    their 
journey,    their   weapons    were   now   empty,    and 
they    were    unable    to    give    mutual    aid.     The 
Spanish    were   armed    with    lances,    pistols,    and 
the    deadly    riata.     Before    the   rearguard    could 
come  up,  sixteen  of  the  total  American  force  were 
killed  and  nineteen  badly  wounded.     This  battle 
of  San  Pascual,  as  it  was  called,  is  interesting  as 
being  the  only  engagement   in  which  the  Cali- 
fornians   got    the    upper    Iiand.     Whether    their 
Parthian  tactics  were  the  result  of  a  preconceived 
policy  or  were  merely  an  expedient  of  the  moment, 
it  is  impossible  to  say.     The  battle  is  also  notabu' 
because  the  well-known  scout,  Kit  Carson,  took 
part  in  it. 

The  forces  of  Stockton  and  Kearny  joined  a 


THE  AMERICAN  OCCUPATION  3!, 

few  days  later,  and  wry  soon  a  conflict  of  author- 
ity arose  between  the  leaders.     It  was  a  childish 
affair  throughout,  and  probably  at  bottom  arose 
from  Fremont's  usual  over-ambitious  designs.     To 
Kearny    had    undoubtedly    been    given,    by    the 
properly    constituted    authorities,    the   command 
of  all  the  land  operations.     Stockton,   however, 
claimed  to  hold  supreme  land  command  by  in- 
structions from  Commodore  Sloat  already  (juoted. 
Through    the    internal    evidence    of    Stockton's 
letters  and  proclamations,  it  seems  he  was  a  trifle 
inclined  to  be  bombastic  and  high-flown,  to  usurp 
authority,  and  perhaps  to  consider  himself  and  his 
operations  of  more  importance  than  they  actually 
were.     However,    he    was    an    OiUcer    disciplined 
and  trained  to  obedience,  and  his  absurd  conten- 
tion is  not  in  character.     It  may  be  signihcant 
tliat  he  had  promised  to  appoint  Fremont  Gover- 
nor of  California,  a  promise  that  naturally  could 
not  be  fulfilled  if  Kearny's  authority  were  fully 
recognized. 

Furthermore,  at  this  moment  Fremont  was  at 
the  zenith  of  his  career,  and  his  influence  in  such 
matters  was  considerable.  As  Hittell  says,  "At 
this  time  and  for  some  time  afterwards,  Fremont 
was  represented  as  a  sort  of  young  lion.     The 


'J.A  :.:  '^.j.  . 


40  THE  FORTY-NINERS 

several  trips  he  had  made  across  the  continent, 
and  the  several  able  and  interesting  reports  he 
had   published    over   his    name    attracted    great 
pubhc  attention.     He  was  hardly  ever  mentioned 
except  in  a  high-flown  hyperbolical  phrase.     Ben- 
ton was  one  of  the  most  influential  men  of  his  day, 
and   it  soon   became   well   understood   that   the 
surest  way  of  reaching  the  father-in-law's  favor 
was    by    furthering    the    son-in-law's    prospects; 
everybody  that  wished  to  court  Benton  praised 
Fremont.     Besides  this  political  influence  Benton 
exerted  in  Fremont's  behalf,  there  was  an  almost 
equally  strong  social  influence."   It  might  be  added 
that  the  nature  of  his  public  service  had  been 
such  as  to  throw  him  on  his  own  responsibility, 
and  that  he  had  always  gambled  with  fortune,' 
as  in  the  Bear  Flag  Revolution  already  mentioned.' 
His  star  had  ever  been  in  the  ascendant.     He  was  a 
spoiled  child  of  fortune  at  this  time,  and  bitterly 
and  haughtily  resented  any  check  to  his  ambition. 
The  mixture  of  his  blood  gave  him  that  fine  sense 
of  the  dramatic  which  so  easily  descends  to  posing. 
His   actual   accomplishment   was    without  doubt 
great;  but  his  own  appreciation  of  that  accomplish- 
ment was  also  undoubtedly  great.     He  was  one  of 
those  interesting  characters  whose  activities  are  so 


TT^i-      m^     "iLWrKf 


IHE  AMERICAN  OCCUPATION  41 

near  the  line  between  great  deeds  and  charlatanism 
that  it  is  sometimes  diflScult  to  segregate  the  pose 
from  the  performance. 

The  end  of  this  row  for  precedence  did  not 
come  until  after  the  so-called  battles  at  the  San 
Gabriel  River  and  on  the  Mesa  on  January  8  and 
9,  1847.  The  first  of  these  cor^-^ts  is  so  typical 
that  it  is  worth  a  paragraph  of      ^^    otion. 

The  Californians  were  posted  o.  he  opposite 
bank  of  the  river.  They  had  about  five  hundred 
men,  and  two  pieces  of  artillery  well  placed. 
The  bank  was  elevated  some  forty  feet  above  the 
stream  and  possibly  four  or  six  hundred  back  from 
the  water.  The  American  forces,  all  told,  con- 
sisted of  about  five  hundred  men,  but  most  of 
them  were  dismounted.  The  tactics  were  ex- 
ceedingly simple.  The  Americans  merely  forded 
the  river,  dragged  their  guns  across,  put  them  in 
position,  and  calmly  commenced  a  vigorous 
bombardment.  After  about  an  hour  and  a  half 
of  circling  about  and  futile  half-attacks,  the  Cali- 
fornians withdrew.  The  total  American  loss  in 
this  and  the  succeeding  "battle,"  called  that  of 
the  Mesa,  was  three  killed  and  twelve  wounded. 
After  this  latter  battle,  the  Californians  broke 
completely  and  hurtled  toward  the  North.     Be- 


42  MIE  FORTY-NINERS 

yond  Los  Angeles,  near  San  Fernando,  they  ran 
head-on  into  Fremont  and  his  California  battalion 
marching  overland  from  the  North.  Fremont 
had  just  learned  of  Stockton's  defeat  of  the 
Californians  and,  as  usual,  he  seized  the  happy 
chance  the  gods  had  offered  him.  He  made 
haste  to  assure  the  Californians  through  a  messen- 
ger that  they  would  do  well  to  negotiate  with  him 
rather  than  with  Stockton.  To  these  suggestions 
the  Californians  yielded.  Commissioners  ap- 
pointed by  both  sides  then  met  at  Cahuenga  on 
January  13,  and  elaborated  a  treaty  by  which  the 
Californians  agreed  to  surrender  their  arms  and  not 
to  serve  again  during  the  war,  whereupon  the  vic- 
tors allowed  them  to  leave  the  country.  Fremont 
at  once  proceeded  to  Los  Angeles,  where  he  reported 
to  Kearny  and  Stockton  what  had  happened. 

In  accordance  with  his  foolish  determination, 
Stockton  still  refused  to  acknowledge  Kearny's 
direct  authority.  He  appointed  Fremont  Gover- 
nor of  California,  which  was  one  mistake;  and 
Fremont  accepted,  which  was  another.  T'n- 
doubtedly  the  latter  thought  that  his  pretensions 
would  be  supported  by  personal  influence  in 
Washington.  From  former  experience  he  had 
every  reason  to  believe  so.     In  this  case,  however, 


THE  AMERICAN  OCCUPATION  43 

he  reckoned   beyond   the  resources  of  even   his 
powerful    father-in-law.      Kearny,  who  seems  to 
have  been  a  direct  old  war-dog,  resolved  at  once 
to  test  his  authority.     He  ordered  Fremont  to 
muster  the  California  battalion  into  the  regular 
service,   under  his   (Kearny's)    command;   or,   if 
the  men  did  not  wish  to  do  this,  to  discharge  them. 
This  order  did  not  in  the  least  please  Fremont. 
He  attempted  to  open  negotiations,  but  Kearny 
was   in   no   manner  disposed   to   talk.     He  said 
curtly  that  he  had  given  his  orders,  and  merely 
wished  to  know  whether  or  not  they  would  be 
obeyed.     To  this,  and  from  one  army  officer  to 
another,  there  could  be  but  one  answer,  and  that 
was  in  the  affirmative. 

Colonel  Mason  opportunely  arrived  from  Wash- 
ington with  instructions  to  Fremont  either  to 
join  his  regiment  or  to  resume  the  exjilorations 
on  which  he  had  originally  been  sent  to  this 
country.  Fremont  was  still  pretending  to  be 
Governor,  but  with  nothing  to  govern.  His  game 
was  losing  at  Washington.  He  could  not  know 
this,  however,  and  for  some  time  continued  to 
persist  in  his  absurd  claims  to  governorship. 
Finally  he  begged  permission  of  Kearny  to  form 
nn  expedition  against  Mexico.     But  it  was  rather 


44  THE  FORTY-NINERS 

late  in  the  day  for  the  spoiled  child  to  ask  for 
favors,  and  the  permission  was  refused.  Upon 
his  return  to  Washington  under  further  orders, 
Fremont  was  court-martialed,  and  was  found 
guilty  of  mutiny,  disobedience,  and  misconduct. 
He  was  >rdered  dismissed  from  the  service,  but 
was  pardoned  by  President  Polk  in  view  of  his  past 
services.     He  refused  this  pardon  and  resigned. 

Fremont  was  a  picturesque  figure  with  a  great 
deal  of  personal  magnetism  and  dash.  The  halo  of 
romance  has  been  fitted  to  his  head.  There  is  no 
doubt  that  he  was  a  good  wilderness  traveler,  a 
keen  lover  of  adventure,  and  a  likable  personality. 
He  was,  however,  over-ambitious;  he  advertised 
himself  altogether  too  well;  and  he  presumed  on 
the  undoubtedly  great  personal  influence  he 
possessed.  He  has  been  nicknamed  the  Path- 
finder, but  a  better  title  would  be  the  Pathfol- 
lower.  He  found  no  paths  that  had  not  already 
been  traversed  by  men  before  him.  Unless  the 
silly  sentiment  that  persistently  glorifies  such 
despicable  characters  as  the  English  Stuarts 
continues  to  surround  this  interesting  character 
with  fallacious  romance,  Fremont  will  undoubtedly 
take  his  place  in  history  below  men  now  more 
obscure  but  more  solid  than  he  was.     His  services 


THE  AMERICAN  OCCUPATION  45 

and  his  ability  were  both  great.  If  he,  his  friends, 
and  historians  had  been  content  to  rest  his  fame 
on  actualities,  his  position  would  be  high  and 
honorable.  The  presumption  of  so  much  more 
than  the  man  actually  did  or  was  has  the  unfortu- 
nate effect  of  minimizing  his  real  accomplishment. 


I 


CHAPTER  III 


LAW  —  MILITARY  AND  CIVIL 


The  military  conquest  of  California  was  now  an 
accomplished  fact.     As  long  as  hostilities  should 
continue  in  Mexico,  California  must  remain  under  a 
military  government,  and  such  control  was  at  once 
inaugurated.     The  questions  to  be  dealt  with,  as 
may  well  be  imagined,  were  delicate  in  the  extreme. 
In  general  the  military  Governors  handled  such 
questions  with  tact  and  efficiency.     This  ability 
was  especially  true  in  the  case  of  Colonel  Mason, 
who    succeeded    General    Kearny.     The    under- 
standing displayed  by  this  man  in  holding  back 
the   over-eager  Americans   on   one   side,   and   in 
mollifying  the  sensitive  Californians  on  the  other, 
is  worthy  of  all  admiration. 

The  Mexican  laws  were,  in  lack  of  any  others, 
supposed  to  be  enforced.  Under  this  system  all 
trials,  except  of  course  those  having  to  do  with 
military  affairs,  took  place  before  oflScials  called 

46 


LAW  — MILITARY  AM)  (  IVIL  47 

alcaldes,  who  acknowledged  no  higher  authority 
than    the    Governor    himself,  and    enforced    the 
laws  as  autocrats.     The  new  military  Governors 
took  over  the  old  system  bodily  and  appointed 
new  alcaldes   where    it   seemed   necessary.     The 
new   alcaldes   neither   knew   nor  cared   anything 
about  the  old  Mexican  law  and  its  provisions. 
This  disregard  cannot  be  wondered  at,  for  even  a 
cursory  examination  of  the  legal  forms  convinces 
one  that  they  were  meant  more  for  the  enormous 
leisure  of  the  old  time  >  than  for  the  necessities 
of  the  new.     In  the  place  of  Mexican  law  each 
(dcalde  attempted  to  substitute  his  own  sense  of 
justice    and    what    recollection    of    common-law 
principles  he  might  be  able  to  summon.     These 
common-law  principles  were  not  technical  in  the 
modern  sense  of  the  word,  nor  were  there  any 
printed  or  written  statutes  containing  them.    In 
this  case  they  were  simply  what  could  be  recalled 
by  non-technical  men  of  the  way  in  which  business 
had  been  conducted  and  disputes  had  been  arranged 
back  in  their  old  homes.     But  their  main  reliance 
was    on    their    individual    sense    of    justice.     As 
Hittell  points  out,   even   well-read   lawyers   who 
happened  to  be  made  alcaldes  soon  came  to  pay 
little  attention  to  technicalities  ard  to  seek  tho 


48  THE  FORTY-NINERS 

merit  of  cases  with  3ut  regard  to  rules  or  forms. 
All  the  administration  of  the  law  was  in  the  hands 
of  these  alcaldes.  Mason,  who  once  made  the  ex- 
periment of  appointing  a  special  court  at  Sutter's 
Fort  to  try  a  man  known  as  Growling  Smith  for 
the  murder  of  Indians,  afterwards  declared  that  he 
would  not  do  it  again  except  in  the  most  extra- 
ordinary emergency,  as  the  precedent  was  bad. 

As  may  well  be  imagined,  this  uniquely  in- 
dividualistic view  of  the  law  made  interesting 
legal  history.  Many  of  the  incumbents  were  of 
the  rough  diamond  type.  Stories  innumerable 
are  related  of  them.  They  had  little  regard  for 
the  external  dignity  of  the  court,  but  they  strongly 
insisted  on  its  discipline.  Many  of  them  sat  with 
their  feet  on  the  desk,  chewing  tobacco,  and 
whittling  a  stick.  During  a  trial  one  of  tlie 
counsel  referred  to  his  opponent  as  an  *'oscillr  *ng 
Tarquin."     The   judge   roared   out    "A   w'    ^?" 

"An  oscillating  Tarquin,  your  honor." 

The  judge's  chair  came  down  with  a  thump. 

"If  this  honorable  court  knows  herself,  and  she 
thinks  she  do,  that  remark  is  an  insult  to  this 
honorable  court,  and  you  are  fined  two  ounces." 

Expostulati*.  .  was  cut  short. 

"Silence,    sir!     This    honorable    court    won't 


LAW— MILITARY  AND  CIVIL  49 

tolerate  cussings  and  sh.»  never  goes  back  on  her 
decisions!" 

And  she  didn't! 

Nevertheless  a  sort  of  rough  justice  was  gen- 
erally accomplished.  These  men  felt  a  respon- 
sibility. In  addition  they  possessed  a  grim 
conimonsense  earned  by  actual  experience. 

There  is  an  instance  of  a  priest  from  Santa 
Clara,  sued  before  the  alcalde  of  San  Jose  for  a 
breach  of  contract.  His  plea  was  that  as  a 
churchman  he  was  not  amenable  to  civil  law. 
The  American  decided  that,  while  he  could  not 
tell  what  peculiar  privileges  a  clergyman  enjoyed 
as  a  priest,  it  was  quite  evident  that  when  he 
departed  from  his  religious  calling  and  entered 
into  a  secular  bargain  with  a  citizen  he  placed 
himself  on  the  same  footing  as  the  citizen,  and 
should  be  required  like  anybody  else  to  comply 
with  his  agreement.  This  principle,  which  was 
good  sense,  has  since  become  good  law. 

The  alcalde  refused  to  be  bound  by  trivial 
concerns.  A  Mexican  was  accused  of  stealing 
a  pair  of  leggings.  He  was  convicted  and  fined 
three  ounces  for  stealing,  while  the  prosecuting 
witness  was  also  fined  one  ounce  for  bothering 
tlie  court  with  such  a  complaint.     On  another 


50  '!  I!E  FORTY-NINERS 

occasion  the  d«  l<  ndant,  on  lu'itig  fined,  was  found 
to  Ik-  totally  n  olvent.  The  alrahle  thereu|)«iii 
ordered  the  p'ain^'ff  to  pay  the  fine  and  cosl^ 
for  the  rea-son  thi'l  I  he  court  couhl  not  be  expected 
to  sit  \vith'»ut  '  !'  leration.  Though  this  naivr 
system  wori  ■  '^  veil  enough  in  the  new  and 
primitive  coi  h.  .'  ',',  ,  nevertheless  thinking  men 
realized  that   i  "<   '      be  fe/  a  short  lime  only. 

As  long   n'^        '     '\' ■  •   Mexico   continued, 

naturally  Cal.i  ^^  ai.  >  under  military  Governors 
but  on  the  dftlaraf  ><"  peace  military  govern- 
ment automulically  ceii^ed.  Unfortunately,  ow- 
ing to  strong  controversies  as  to  slavery  or 
non-slavery,  Congress  passed  no  law  organizing 
California  as  a  territory;  and  the  status  of  tin- 
newly-acquiri  (I  possession  was  far  from  clear. 
The  people  held  that,  in  the  absence  of  congres- 
sional action,  they  had  the  right  to  provide  tor 
their  own  government.  On  the  other  lunxL 
General  Riley  contended  that  th.-  laws  of  Cali- 
fornia obtained  until  supplanted  by  act  of  Con- 
gress. He  was  under  instructions  as  Governor  to 
enforce  this  view,  which  was,  indeed,  sustained 
by  judicial  precedents.  But  for  precedents  tlk 
inhabitants  cared  little.  They  resolved  to  call 
a   constitutional   convention.     After  considerable 


c 
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it 
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ihle 


LAW-MILITARV  AM)  CIVIL  51 

negotiation  and  thought.  Governor  Riloy  resolved 
lo  accede  to  the  wishes  of  the  people.  An  election 
..f  delegates  w;.  :  called  and  the  constitutional 
(.invention  met  at  Monterey,  Scptimbcr  1,  1849. 

ParentlH-tically   it    is   to   hv   noticed    that    this 
event   took  place  a  considerable   time  after  the 
first  discovery   of  gold.     It  can   in   no  sense   be 
.  .nsidered  as  a  sequel  to  that  fact.     The  numbers 
from    the   gv]d    rush    came    in    later.     The   con- 
stitutional convention   was  composed   mainly  of 
men  who  had  previous  interests  in  the  country. 
They  were  r.presenuitive  of  the  time  and  place. 
The  oldest  delegate  was  fifty-three  yeais  and  the 
ycungest  twenty-five  years  old.     Fourteen  were 
lawyers,  fourteen   were  farmers,  nine  were  mer- 
chants, five  were  soldiers,  two  were  printers,  one 
was  a  doctor,  and  one  described  himself  as  "a 
gi'Jitleman  of  elegant  leisure." 

The  deliberations  of  this  body  are  very  interest- 
ing' reading.     Such  a  subject  is  usually  dry  in  the 
extreme;  but  Iiere  we  have  men  assembled  from 
all  over  the  world  trying  to  piece  together  a  form 
of  government  from  the  experiences  of  the  different 
•communities   from    whicli    they   originally   came. 
Many  Spanish  Californians  were  represented  on 
jtlie  floor.     The  different  points  brought  up  and 


[ 


52  THE  FORTY-NINERS 

discussed,  in  addition  to  those  finally  incorporated 
in  the  constitution,  are  both  a  valuable  measure 
of  the  degree  of  intelligence  at  that  time,  and  an 
indication  of  what  men  considered  important  in 
the  problems  of  the  day.  The  constitution 
itself  was  one  of  the  best  of  the  thirty-one  state 
constitutions  that  then  existed.  Though  almost 
every  provision  in  it  was  copied  from  some  other 
instrument,  the  choice  was  good.  A  pro' ..^lon 
prohibiting  slavery  was  carried  by  a  unanimous 
vote.  When  the  convention  adjourned,  the  new 
commonwealth  was  equipped  with  all  the  nece.^- 
sary  machinery  for  regular  government.' 

It  is  customary  to  say  that  the  discovery  of 
gold  made  the  State  of  California.  As  a  matter 
of  fact,  it  introduced  into  the  history  of  California 
a  new  solvent,  but  it  was  in  no  sense  a  determining 
factor  in  either  the  acquisition  or  the  assuring 
of  the  American  hold.  It  must  not  be  forgotten 
that  a  rising  tide  of  American  immigration  had 
already  set  in.  By  1845  the  white  population  had 
increased  to  about  eight  thousand.  At  the  close 
of   hostilities   it   was   estimated   that   the   white 

'  The  constitution  was  ratified  by  popular  vote,  November  13. 
1849;  and  the  machinery  of  state  government  was  at  once  set  in 
motion,  though  the  State  was  not  admitted  into  the  Union  until 
September  9,  1850. 


LAW  — MILITARY  AND  CIVIL  53 

population  had  increased  to  somewhere  between 
twelve  and  fifteen  thousand.  Moreover  this 
immigration,  though  established  and  constantly 
growing,  was  by  no  means  topheavy.  There  was 
plenty  of  room  in  the  north  for  the  Americans, 
and  they  were  settling  there  peaceably.  Those 
who  went  south  generally  bought  their  land  in 
due  form.  They  and  the  Californians  were  get- 
ting on  much  better  than  is  usual  with  conquering 
and  conquered  peoples. 

But  the  discovery  of  gold  upset  all  this  orderly 
development.  It  wiped  out  the  usual  evolution. 
It  not  only  swept  aside  at  once  the  antiquated 
Mexican  laws,  but  it  submerged  for  the  time  being 
the  first  stirrings  of  the  commonwealth  toward 
due  convention  and  legislation  after  the  Amerit  an 
pattern.  It  produced  an  interim  wherein'  the 
only  law  was  that  evolved  from  men's  consciences 
and  the  Anglo-Saxon  instinct  for  order.  It 
brought  to  shores  remcte  from  their  native  lands 
a  cosmopolitan  crew  whose  only  thought  was 
a  fixed  determination  to  undertake  no  new  re- 
sponsibilities. Each  man  was  living  for  himself. 
He  intended  to  get  his  own  and  to  protect  his  own, 
and  he  cared  very  little  for  the  difficulties  of  his 
aeighbors.     In  other  words,  the  discovery  of  gold 


54  THE  FORTY-NINERS 

offered  California  as  the  blank  of  a  mint  to  receive 
the  impress  of  a  brand  new  civilization.  And 
furthermore  it  gave  to  these  men  and,  through 
them,  to  the  world  an  impressive  lesson  that  social 
responsibility  can  be  evaded  for  a  time,  to  be  sure, 
but  only  for  a  time;  and  that  at  the  last  it  must  be 
taken  up  and  the  arrears  must  be  paid. 


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CHAPTER  IV 


GOLD 

The  discovery  of  gold  —  made,  as  everyone  knows, 
l)y  James  Marshall,  a  foreman  of  Sutter's,  engaged 
in  building  a  sawmill  for  the  Captain  — came  at  a 
psychological  time.'     The  Mexican  War  was  just 
over  and   the   adventurous   spirits,   unwilling   to 
settle    down,   were    looking    for  new  excitenlent. 
Furthermore,  the  hard  times  of  the  Forties  had 
blanketed  the  Kast  with  mortgages.     Many  sober 
coninmnities  were  ready,  deliberately  and  without 
excitement,   to  send  their  young  men   westward 
in  the  hope  of  finding  a  way  out  of  their  financial 
difficulties.     The  Oregon   question,   as   has   been 
already    indicated,    had    aroused    patriotism    to 
such    an    extent    that    westward    migration    had 
l)ecome  a  sort  of  mental  contagion. 

It  took  some  time  for  the  first  discoveries  to 
peak  out,  and  to  be  believed  after  they  had  gained 

■  January  24.  1818.  is  the  date  usually  given. 

55 


^mim 


56  THE  FORTY-NINERS 

currency.     Even  in  California  itself  interest  was 
rather  tepid  at  first.     Gold  had  been  found  in 
small  quantities  many  years  before,  and  only  the 
actual  sight  of  the  metal  in  considerable  weight 
could  rouse  men's  imaginations  to  the  blazing  point. 
Among  the  most  enthusiiistic  protagonists  was 
one   Sam   Brannan,    who   often   appeared   after- 
wards in  the  pages  of  Californian  history.     Bran- 
nan  w^as  a  Mormon  who  had  set  out  from  New 
York  with  two  hundred  and  fifty  Mormons  to 
try  out  the  land  of  California  as  a  possible  refuge 
for    the    persecuted    sect.     That    the    westward 
migration  of  Mormons  stopped  at  Salt  Lake  may 
well  be  due  to  the  fact  that  on  entering  San 
Francisco  Bay,  Brannan  found  himself  just  too 
late.     The  American   flag   was   already   floating 
over  the  Presidio.     Eye-witnesses  say  that  Bran- 
nan dashed  his  hat  to  the  deck,  exclaiming,  "There 
is  that  damned  rag  again."     However,  he  proved 
an  adaptable  creature,  for  he  and  his  Mormons 
landed  nevertheless,  and  took  up  the  industries 
of  the  country. 

Brannan  collected  the  usual  tithes  from  these 
men,  with  the  ostensible  purpose  of  sending  tlvni 
on  to  the  Church  at  Salt  Lake.  This,  however, 
he  consistently  failed  to  do.     One  of  the  Mormons, 


GOLD  57 

on  asking  Sutter  how  long  tliey  should  be  expected 
to  pay  these  tithes,  received  the  answer,  "As 
long  as  you  are  fools  enough  to  do  so."  But  they 
did  not  remain  fools  very  much  longer,  and  Bran- 
nan  found  himself  deprived  of  this  source  of 
revenue.  On  being  dunned  by  Brigham  Young 
for  the  tithes  already  collected,  Brannan  blandly 
resigned  from  the  Church,  still  retaining  the  assets. 
With  this  auspicious  beginning,  aided  by  a  burly, 
engaging  personality,  a  coarse,  direct  manner  that 
appealed  to  men,  and  an  instinct  for  the  lime- 
light, he  went  far.  Though  there  were  a  great 
many  admirable  traits  in  his  character,  people 
were  forced  to  like  him  in  spite  of  rather  than 
because  of  them.  His  enthusiasm  for  any  public 
agitation  was  always  on  tap. 

In  the  present  instance  he  rode  down  from 
Sutter's  Fort,  where  he  then  had  a  store,  bringing 
with  him  gold-dust  and  nuggets  from  the  new 
placers.  "Gold!  Gold!  Gold  from  the  xVmerican 
River!"  shouted  Brannan,  as  he  strode  down  the 
street,  swinging  his  hat  in  one  hand  and  holding 
aloft  the  bottle  of  gold-dust  in  the  other.  This  he 
displayed  to  the  crowd  that  immediately  gathered. 
With  such  a  start,  this  new  interest  brought  about 
a  stampede  that  nearly  depopulated  the  city. 


58 


THE  FORTY-NINERS 


The  fever  spread.  People  scrambled  to  the 
mines  from  all  parts  of  the  State.  Practically 
every  able-bodied  man  in  the  community,  except 
the  Spanish  Californians,  who  as  usual  did  not 
join  this  new  enterprise  with  any  unanimity, 
took  at  least  a  try  at  the  diggings.  Not  only  did 
they  desert  almost  every  sort  of  industry,  but 
soldiers  left  the  ranks  and  sailors  the  ships,  so  that 
often  a  ship  was  left  in  sole  charge  of  its  captain. 
All  of  American  and  foreign  California  moved  to 
the  foothills. 

Then  ensued  the  brief  period  so  affectionately 
described  in  all  literalness  as  the  Arcadian  Age. 
Men  drank  and  gambled  and  enjoyed  themselves 
in  the  rough  manner  of  mining  camps;  but  they 
were  hardly  ever  drunken  and  in  no  instance 
dishonest.  In  all  literalness  the  miners  kept 
their  gold-dust  in  tin  cans  and  similar  recep- 
tacles, on  shelves,  unguarded  in  tents  or  open 
cabins.  Even  quarrels  and  disorder  were  practi- 
cally unknown.  The  communities  were  indivi- 
dualistic in  the  extreme,  and  vet,  with  the 
Anglo-Saxon  love  of  order,  they  adopted  rules  and 
regulations  and  simple  forms  of  government  that 
proved  entirely  adequate  to  their  needs.  When 
the   "good   old   days"   are   mentioned   with   the 


GOLD 


59 


lingering  regret  associated  witli  that  phrase,  tlie 
reference  is  to  this  brief  period  that  came  between 
the  actual  discovery  and  appreciation  of  gold  and 
the  influx  from  abroad  that  came  in  the  following 


vears. 


This  condition  was  principally  due  to  the  class 
of  men  concerned.  The  earliest  miners  were  a  very 
different  lot  from  the  majority  of  those  who  arrived 
in  the  next  few  years.  They  were  mostly  the  origi- 
nal population,  who  had  come  out  either  as  pioneers 
or  in  the  government  service.  They  included 
the  discharged  soldiers  of  Stevenson's  regiment  of 
New  York  Volunteers,  who  had  been  detailed 
for  the  war  but  who  had  arrived  a  little  late,  the 
so-called  Mormon  Battalion,  Sam  Brannan's  im- 
migrants, and  those  who  had  come  as  settlers 
since  1842.  They  were  a  rough  lot  with  both  the 
virtues  and  the  defects  of  the  pioneer.  Neverthe- 
less among  their  most  marked  characteristics  were 
their  honesty  and  their  kindness.  Hittell  gives 
an  incident  that  illustrates  the  latter  trait  very 
well.  "It  was  a  httle  camp,  the  name  of  which 
is  not  given  and  perhaps  is  not  important.  The 
day  was  a  hot  one  when  a  youlh  of  sixteen 
came  limping  along,  footsore,  weary,  hungry,  and 
penniless.     There    were    at    least    thirty    robust 


60  THE  FORTY-NINERS 

miners  at  work  in  the  ravine  and  it  may  well  be 
believed  they  were  cheerful,  probably  now  and 
then  joining  in  a  chorus  or  laughing  at  a  joke. 
The  lad  as  he  saw  and  heard  them  sat  down  upon 
the  bank,  his  face  telling  the  sad  story  of  his 
misfortunes.  Though  he  said  nothing  he  was  not 
unobserved.  At  length  one  of  the  miners,  a 
stalwart  fellow,  pointing  up  to  the  poor  fellow  on 
the  bank,  exclaimed  to  his  companions,  'Boys, 
I'll  work  an  hour  for  that  chap  if  you  will.'  All 
answered  in  the  aflSrmative  and  picks  and  shovels 
were  plied  with  even  more  activity  than  before. 
At  the  end  of  an  hour  a  hundred  dollars'  worth  of 
gold-dust  was  poured  into  his  handkerchief.  As 
this  was  done  the  miners  who  had  crowded  around 
the  grateful  boy  made  out  a  list  of  tools  and  said  to 
him:  'You  go  uow  and  buy  these  tools  and  come 
back.  We'll  have  a  good  claim  staked  out  for 
you;  then  you've  got  to  paddle  for  yourself.' " 

Another  reason  for  this  distinguished  honesty 
was  the  extent  and  incredible  richness  of  the  dig- 
gings, combined  with  the  firm  belief  that  this  rich- 
ness would  last  forever  and  possibly  increase. 
Ine  first  gold  was  often  found  actually  at  t>'e 
roots  of  bushes,  or  could  be  picked  out  from  1 
veins    in    the  rocks  by  the  aid  of    an  ordinary 


J 

f 

I 


GOLD  61 

hunting-knife.  Such  i)oc'kots  were,  to  be  sure, 
by  no  means  numerous;  but  the  miners  did  not 
know  that.  To  them  it  seemed  extremely  [)ossible 
that  gold  in  such  quantities  was  to  be  found 
ahnost  anywhere  for  the  mere  seeking.  Authenti- 
cated instances  are  known  of  men  getting  ten, 
fifteen,  twenty,  and  thirty  thousand  dollars  within 
a  week  or  ten  days,  without  particularly  hard 
work.  Gold  was  so  abundant  it  was  much  easier 
to  dig  it  than  to  steal  it,  considering  the  risks 
attendant  on  the  latter  course.  A  story  is  told 
of  a  miner,  wh'le  paying  for  something,  dropping  a 
small  lump  of  gold  worth  perhaps  two  or  three 
dollars.  A  bystander  picked  it  up  and  offered 
it  to  him.  The  miner,  without  taking  it,  looked 
at  the  man  with  amazement,  exclaiming:  "Well, 
stranger,  you  are  a  curiosity.  I  guess  you  haven't 
been  in  the  diggings  long.  You  had  better  keep 
that  lump  for  a  sample." 

These  were  the  days  of  the  red-shirted  miner,  of 
romance,  of  Arcadian  simplicity,  of  clean,  honest 
working  under  blue  skies  and  beneath  the  warm 
Caiifornia  sun,  of  immense  fortunes  made  quickly, 
of  faithful  "pardners,"  and  all  the  rest.  This  life 
was  so  complete  in  all  its  elements  that,  as  we  look 
hack  upon  it,  we  unconsciously  give  it  a  longer 


02  THE  FORTY-NIXERS 

period  tlian  it  actually  occupied.  It  seems  to  be  an 
epoch,  as  indeed  it  was;  but  it  was  an  epoch  of  less 
than  a  single  year,  and  i^  ended  when  the  immi- 
gration from  the  world  at  large  began. 

The  first  news  of  the  gold  discovery  filtered  to 
the  east  in  a  roundabout  fashion  through  vessels 
from  the  Sandwich  Islands.  A  Baltimore  paper 
published  a  short  item.  Everybody  laughed  at 
the  rumor,  for  people  were  already  beginning  to 
discount  California  stories.  But  they  remembered 
it.  Romance,  as  ever,  increas<'s  with  the  square 
of  the  distance;  and  this  was  a  remote  land.  But 
soon  there  came  an  official  letter  written  by  Gover- 
nor Mason  to  the  War  Department  wherein  he  said 
that  in  his  opinion,  "There  is  more  gold  in  the 
country  drained  by  the  Sacramento  and  San  Joa- 
quin rivers  than  would  pay  the  cost  of  the  late 
war  with  Mexico  a  hundred  times  over."  The 
public  immediately  was  alert.  And  then,  strangely 
enough,  to  give  direction  to  the  restless  spirit 
seething  beneath  the  surface  of  society,  came  a 
silly  popular  song.  As  has  happened  many  times 
before  and  since,  a  great  movement  was  set  to 
the  lilt  of  a  commonplace  melody.  Minstrels 
started  it;  the  public  caught  it  up.  Soon  in  every 
quarter  of  the  world   were  heard  the  strains  of 


GOLD  (i3 

Oh,  Sumtinah!  or  rather  t  ho  modification  of  it  made 
to  fit  this  case: 

"I'll  scrape  the  m<Mintains  clean,  old  girl, 
I'll  drain  the  rivers  drv. 

I'm  off  for  California,  Susannah,  don't  you  cry. 
Oh,  Susannah,  don't  you  cry  for  mc, 
I'm  off  to  California  with  my  wash   howl  on   my 
knee!" 

The  public  mind  already  prepared  for  excitement 
by  the  stirring  events  of  the  past  few  years,  but 
now  falling  into  the  doldrp.ms  of  both  monoto- 
nous and  hard  times,  n'sponded  eagerly.  Every 
man  with  a  drop  of  red  blood  in  his  veins  wanted 
to  go  to  California.  But  the  journey  was  a  long 
one,  and  it  cost  a  great  deal  of  money,  and 
there  were  such  things  as  ties  of  family  or  business 
impossible  to  shake  off.  However,  those  who  saw- 
no  immediate  prospect  of  going  often  joined  the 
curious  clubs  formed  for  the  purpose  of  getting 
at  least  one  or  more  of  their  members  to  the  El 
Dorado.  These  clubs  met  once  in  so  often,  talked 
over  details,  worked  upon  each  other's  excitement, 
even  occasionally  and  oflScially  sent  some  one  of 
their  members  to  the  point  of  running  amuck. 
Then  he  usually  broke  off  all  responsibilities  and 
rushed  headlong  to  the  gold  coast. 


mm 


■MMME^ 


I 


64  THE  FORTY-NINERS 

The  mo-t  absurd  ideas  obtjiincd  curr^mcy.  Stor- 
ies did  not  'ose  in  travel.  A  work  cnt  illed  Thur 
Weeks  in  tlit  Gold  Minen,  written  by  a  menda- 
cious individual  who  signed  himself  H.  I.  Simp- 
son, bad  a  wide  vogue.  It  is  (h)id)tful  if  the  autlu>r 
bid  ever  been  ten  miles  from  New  York;  but  be 
wTote  a  marvelous  and  at  the  time  convincing  tab'. 
Ac<^ording  to  his  account.  Simpson  had  only  three 
weeks  for  a  tour  of  the  gold-fields,  and  considered 
ten  days  of  the  period  was  all  he  could  spare  tbt 
unimport^int  job  of  picking  up  gold.  In  the  ten 
days,  however,  with  no  other  implements  than 
a  pocket -knift.  he  accumulated  fifty  thousand 
dollars.  The  rest  of  the  time  he  really  preferred 
to  travel  about  viewing  the  country!  He  con- 
descended, ht»wever,  to  pick  up  incidental  nuggets 
that  happened  to  lie  under  his  very  footstep.  Said 
one  man  to  his  friend:  "I  believe  I'll  go.  I  know 
most  of  this  talk  is  wildly  exaggerated,  but  I  am 
sensible  enough  to  discount  all  that  sort  of  thing 
and  to  disbelieve  absurd  stories.  I  shan't  go  with 
the  slightest  notion  of  finding  the  thing  true,  but 
will  be  satisfied  if  I  do  reasonably  well.  In  fact, 
if  I  don't  pick  up  more  than  a  hatful  of  gold  a  day 
I  shall  be  perfectly  satisfied." 

Men's    minds    were    full    of    strange    positive 


f 


iiL^'^.2^ 


GOI.D  n.'i 

kiiowltMl^^.,  not  only  a  to  Ihr  fxtrnt  of  the  ^cU]. 
iniiu's.  but  also  us  to  tlioory  and  j, met  ice  of  the 
actual  mining.  Contemporary  writers  tell  us  of  the 
liundreds  and  luuidrtMls  of  different  strange  ma- 
chines invented  for  washing  out  the  gohl  and  actu- 
ally carried  around  the  Horn  or  over  the  Isthmus  of 
Panama  to  San  Francisf  o.  They  were  of  all  types, 
from  litlle  p«K'ket-sized  affairs  up  to  li-,.'i>  arrange- 
ments with  windmill  arms  and  wings.  Their  des- 
tination was  inevitably  ihe  beach  b<  low  the  San 
Francisco  settlement,  where,  linlf  buriod  in  the 
sand,  torn  by  the  trade  wind>.  .um'  loottU  lo-- 
whatever  of  value  might  inhere  in  ll.<  )ui'[.'A  parts, 
they  rusted  and  disintegrated,  u  i)alaet:c  and 
grisly  reminder  of  the  futile  greed  of  men. 

Xor  was  this  excitement  confined  to  the  eastern 
T'nited  States.  In  France  itself  lotteries  were 
held,  called,  I  believe,  the  Lotteries  of  the  (lolden 
Ingot.  The  ho'ders  of  the  winning  tickets  were 
given  a  trip  to  the  gold-fields.  A  coiisiderable 
nuiiiber  of  French  came  over  in  that  manner,  so 
that  life  in  Cahfornia  was  then,  as  now,  consider- 
ably leavened  by  Gallicism.  Their  ignorance  of 
English  together  with  their  national  clannishness 
caused  them  to  stick  together  in  communities. 
They  soon  became  known  as  Keskydees.     ^'ery 


60  THE  FORTY-NINERS 

few  people  knew  why.  It  was  merely  the  frontiers- 
men's understanding  of  the  invariable  French 
phrase  "Quest-ce  quil  (lit?"  In  Great  Britain. 
Norway,  to  a  certain  extent  in  Germany,  South 
America,  and  even  distant  Australia,  the  adven- 
turous and  impecunious  were  pricking  up  their 
ears  and  laying  their  plans.  I 

There  were  offered  three  distinct  channels  for 
this  innnigration.  The  first  of  these  was  by  sailing' 
around  Cape  Horn.  This  was  a  slow  but  fairly 
comfortable  and  reasonably  safe  route.  It  was 
never  subject  to  the  extreme  overcrowding  of  tho 
Isthmus  route,  and  it  may  be  dismissed  in  this 
paragraph.  The  second  was  by  the  overland 
route,  of  which  there  were  several  trails.  Tht< 
third  was  by  Ihe  Isthmus  of  Panama.  Each  of 
these  two  is  worth  a  chapter,  and  we  shall  take  up 
the  overland  migration  first. 


CHAPTER  V 


ACROSS  THE   PLAINS 


The  overland  migration  attracted  the  more  hardy 
and  experienced  pioneers,  and  also  those  whose 
assets  lay  in  cattle  and  farm  equipment  rather 
Ihan  in  money.  The  majority  came  from  the 
more  western  parts  of  the  then  United  States,  and 
therefore  comprised  men  who  had  already  some 
experience  in  pioneering.  As  far  as  the  Mississippi 
or  even  Kansas  these  parties  generally  traveled 
separately  or  in  small  groups  from  a  single  locality. 
Before  starting  over  the  great  plains,  however,  it 
became  necessary  to  combine  into  larger  bands 
for  mutual  aid  and  protection.  Such  recogniz«'d 
meeting-points  were  therefore  generally  in  a  state 
of  congestion.  Thousands  of  people  with  their 
equipment  and  animals  were  crowded  together  in 
some  river-bottom  awaiting  the  propitious  mo- 
ment for  setting  forth. 
The    journey    ordinarily    required    about    five 

67 


G8 


THE  FORTY-NINERS 


months,  provided  nothing  untoward  happened 
in  the  way  of  dehi\'.  X  start  in  the  spring  there- 
fore aJlowed  the  traveler  to  surmount  the  Sierra 
Nevada  mountains  before  the  first  heavy  snow- 
falls. One  of  the  inevitable  anxieties  was  whether 
or  not  this  crossing  could  be  safely  accomplished. 
At  first  the  migration  was  thoroughly  orderly  and 
successful.  As  the  stories  from  California  became 
more  glowing,  and  as  the  fever  for  gold  mounted 
higher,  the  pace  accelerated. 

A  book  by  a  man  named  Harlan,  written  in 
the  County  Farm  to  which  his  old  age  had  brought 
him,  gives  a  most  interesting  picture  of  the  times. 
His  party  consisted  of  fourteen  persons,  one  of 
whom,  Harlan's  grandmother,  was  then  ninety 
vears  old  and  blind!  There  were  also  two  verv 
small  children.  At  Indian  Creek  in  Kansas  thev 
caught  up  with  the  main  body  of  immigrants  and 
soon  made  up  their  train.  He  says:  "We  pro- 
ceeded very  happily  until  we  reached  the  Soutli 
Platte.  Every  night  we  young  folks  had  a  dance 
on  the  green  prairie."  Game  abounded,  the 
party  was  in  good  spirits  and  underwent  no 
especial  hardships,  and  the  Indian  troubles  fur- 
nished only  sufficient  excitement  to  keep  tin.- 
men    interested    and    alert.     After    leaving    Salt 


ACROSS  THE  PLAINS 


69 


Lake,  however,  the  passage  across  the  desert 
suddenly  loomed  up  as  a  terrifying  thing.  "We 
started  on  our  passage  ov'  this  desert  in  the 
early  morning,  trailed  all  next  day  and  all  night, 
and  on  the  morning  of  the  third  day  our  guide 
told  us  that  water  was  still  twenty-five  miles 
away.  William  Harlan  here  lost  his  seven  yoke 
of  oxen.  The  man  wlio  was  in  <'harge  of  them  went 
to  s'eep,  and  the  cattle  turned  b«/k  and  recrossed 
the  desert  or  perhaps  died  there.  .  .  .  Next  day  I 
started  early  and  drove  till  dusk,  as  I  wished  to 
ire  the  cattle  so  that  they  would  lie  down  and 
give  me  a  chance  to  sleep.  The^-  would  rest  for 
two  or  three  hours  and  then  try  to  go  back 
home  to  their  former  range."  The  party  won 
through,  however,  and  descended  into  the  smil- 
ing valleys  of  California,  ninety-year-old  lady 
and  all. 

These  parties  which  were  hastily  got  together  for 
the  mere  purpose  of  progress  soon  found  that  they 
must  have  some  sort  of  government  to  make  the 
trip  successful.  A  leader  was  generally  elected  to 
wiioiu  implicit  obedience  was  supposed  to  be 
accorded.  Among  independent  and  hot-headed 
men  quarrels  were  not  infrequent.  A  rough  sort 
of  justice  was,  however,  invoked  by  vote  of  the 


I 


*«i»8?i-«l 


70  THE  FORTY  NINERS 

majority.  Though  u  "spHt  of  blankets"  was  not 
unknown,  usually  the  party  went  through  under 
one  leadership.  Fortunate  were  those  who  pos- 
sessed experienced  men  as  leaders,  or  who  in 
hiring  the  services  of  one  of  the  numerous  plains 
guides  obtained  one  of  genuine  experience.  In- 
experience and  graft  were  as  fatal  then  as  now. 
It  can  well  be  imagined  what  disaster  could 
descend  upon  a  camping  party  in  a  wilderness 
such  as  the  Old  West,  amidst  the  enemies  which 
that  wilderness  supported.  It  is  bad  enough 
today  when  inexperienced  people  go  to  camp 
by  a  lake  near  a  farm-house.  Moreover,  at  that 
time  everybody  was  in  a  hurry,  and  many  sus- 
pected that  the  other  man  was  trying  to  obtain 
an  advantage. 

Hittell  tells  of  one  ingenious  citizen  who,  in 
trying  to  keep  ahead  of  his  fellow  immigrants  as 
he  hurried  along,  had  the  bright  idea  of  setting 
on  fire  and  destroying  the  dry  grass  in  order  to 
retard  the  progress  of  the  parties  behind.  Grass 
was  scarce  enough  in  the  best  circumstances,  and 
the  burning  struck  those  following  with  starvation. 
He  did  not  get  very  far,  however,  before  he  was 
caught  by  a  posse  who  mounted  their  best  horses 
for  pursuit.     They  shot  him  from  his  saddle  and 


mp^ 


mmmmmmmjm 


I 


ACROSS  THE  PLAINS  71 

turned  back.     This  attempt  at  monopoly  was  thus 
nipped  in  the  bud. 

Probably  there  would  have  been  more  of  this 
sort  of  thing  had  it  not  been  for  the  constant 
menace  of  the  Indians.  The  Indian  attjK-k  on  the 
immigrant  train  has  become  so  famih'ar  througli 
Wild  West  shows  and  so-called  literature  that  it 
is  useless  to  redescribe  it  here.  Generally  the 
object  was  merely  the  theft  of  horses,  but  occa- 
sionally a  genuine  attack,  followed  in  case  of 
success  by  massacre,  took  place.  An  experience 
of  this  sort  did  a  great  deal  of  good  in  holding 
together  not  only  the  parties  attacked,  but  also 
those  who  afterwards  heard  of  the  attempt. 

There  was,  however,  another  side  to  the  shield, 
a  very  encouraging  and  cheerful  side.  For 
example,  some  good-hearted  philanthropist  es- 
tablished a  kind  of  reading-room  an<l  post-office 
in  the  desert  near  the  headwaters  of  the  Humboldt 
River.  lie  placed  it  in  a  natural  circular  wall  of 
rock  by  the  road,  shaded  by  a  lone  tree.  The 
original  founder  left  a  lot  of  newspapers  on  a 
stone  seat  inside  the  wall  with  a  written  notice 
to  "Read  and  leave  them  for  others." 

Many  trains,  well  equipped,  well  formed,  well 
led,  went  through  without  trouble  —  indeed,  with 


mm^ 


72  THE  FORTY-NINERS 

real  pleasure.  Nevertheless  the  overwhelming 
testimony  is  on  the  other  side.  Probably  this  was 
due  in  large  part  to  the  irritabllitv  that  alwavs 
seizes  the  mind  of  tlie  tenderfoot  when  he  is  con- 
fronted by  wilderness  conditions.  A  man  who  is  a 
perfectly  normal  and  agreeable  citizen  in  his  own 
environment  becomes  a  suspicious  half-lunatic 
when  placed  in  circumstances  uncomfortable  and 
unaccustomed.  It  often  happened  that  people 
were  obliged  to  throw  things  away  in  order  to 
lighten  their  loads.  When  this  necessity  occurred, 
they  generally  seemed  to  take  an  extraordinar\ 
delight  in  destroying  their  property  rather  than  in 
leaving  it  for  anybody  else  who  might  come  along. 
Hittell  tells  us  that  sugar  was  often  ruined  by 
having  turpentine  poured  over  it,  and  flour  was 
mixed  with  salt  and  dirt;  wagons  were  burned; 
clothes  were  torn  into  shreds  and  tatters.  All  of 
lliis  destruction  was  senseless  and  useless,  and  was 
proba})1y  only  a  blind  and  instinctive  reaction 
against  hardships. 

Those  hardships  were  considerable.  It  is  esti- 
mated that  during  the  height  of  the  overland 
nu'gration  in  the  spring  of  184P  no  less  than  fifty 
thousand  people  started  out.  The  wagon  trains  fol- 
lowed almost  on  one  another's  heels,  so  hot  was  the 


ACROSS  THE  PLAINS 


73 

pace.  Not  only  did  the  travelers  wish  to  get  to 
the  Sierras  before  the  snows  blocked  the  passes, 
not  only  were  they  eager  to  enter  the  gold  mines,' 
but  they  were  pursued  by  the  specter  of  cholera 
in  the  concentiation  camps  along  the  Mississippi 
Valley.  This  scourge  devastated  these  gatherings. 
It  followed  the  men  across  the  plains  like  some 
deadly  wild  beast,  and  was  shaken  off  only 
when  the  high  clear  climate  of  desert  altitude  was 
eventually  reached. 

But  the  terrible  part  of  the  journey  began  with 
the  entrance  into  the  great  deserts,  like  that  of 
the  Humboldt  Sink.     There  the  conditions  were 
almost  beyond  belief.     Thousands  were  left  be- 
liind,  fighting  starvation,  disease,  and  the  loss  of 
cattle.     Women  who  had  lost  their  husbands  from 
the  deadly  cholera  went  staggering  on  without 
food  or  water,  leading  their  children.     The  trail 
was  literally  lined  with  dead  animals.     Often  in 
tlie  middle  of  the  desert  could  be  seen  the  camps 
of  death,  the  wagons  dra^n  in  a  circle,  the  dead 
animals  tainting  the  air,  every  living  human  being 
crippled  from  scurvy  and  other  diseases.      There 
was  no  fodder  for  the  cattle,  and  very  little  water. 
The  loads  had  to  be  lightened  almost  every  mile 
In   the  discarding  of  valuable  goods.      Many  of 


74 


THE  FORTY-NINERS 


the  immigrants  who  survived  the  struggle  reache«l 
the  goal  in  an  impoverished  condition.  The  road 
was  bordered  with  an  almost  unbroken  barrier  of 
abandoned  wagons,  old  mining  implements,  clothes, 
provisions,  and  the  like.  As  the  cattle  died,  the 
problem  of  merely  continuing  the  march  becanir 
worse.  Often  the  rate  of  progress  was  not  mon' 
than  a  mile  every  two  or  three  hours.  Each  milt 
had  to  be  relayed  back  and  forth  several  times. 
And  when  this  desert  had  sapped  their  strength, 
they  came  at  last  to  the  Sink  itself,  with  its  lonj,'  ^ 
white  fields  of  alkali  with  drifts  of  ashes  across 
them,  so  soft  that  the  cattle  sank  half-way  to  their 
bellies.  The  dust  was  fine  and  light  and  rose 
chokingly;  the  sun  was  strong  and  fierce.  All  but 
the  strongest  groups  of  pioneers  seemed  to  break 
here.  The  retreats  became  routs.  Each  one  put 
out  for  himself  with  what  strength  he  had  left. 
The  wagons  were  emptied  of  everything  but  the 
barest  necessities.  At  every  stop  some  animal  !"  !I 
in  the  traces  and  had  to  be  cut  out  of  the  voir. 
If  a  wagon  came  to  a  full  stop,  it  was  abandon'. d. 
The  animals  were  detached  and  driven  forv.anl. 
And  when  at  last  they  reached  the  Humboldt  TiW  t 
itself,  they  found  it  almost  impossible  to  fore]. 
The   best   feed    lav   on    the   other   side.     In    tiif 


ACROSS  THE  PLAINS 


75 


distance  the  high  and  forbidding  ramparts  of  the 


Sierra  Xevadas 


reared  llieinst-Ives. 


One  of  these  ¥ov[y~niuvrs,  Delano,  a  nmn  of 
.ome  distinction  in  the  later  history  of  the  n.ining 
communities,  says  tliat  five  men  drowned  them- 
selves  in  the  Humboldt  River  in  one  day  out  oi 
sheer  discouragement.  lie  says  that  he  had  to 
save  the  lives  of  his  oxen  by  giving  Indians  Hhwu 
dollars  to  swim  the  river  and  float  some  grass 
across  to  liim.  And  with  weakened  cattle,  dis- 
couraged hearts,  no  provisions,  the  travelers 
had  to  tackle  the  high  rough  road  that  led  across 
the  mountains. 

Of  course,    the  picture  just  drawn   is   of   the 
darkest    aspect.     Some  trains    there  were  under 
competent    pioneers    who   knew    their   job;    who 
were  experienced  in  wilderness  travel;  who  under- 
stood better  than  to  chase  madly  away  after  every 
cut-off  reported    by   irresponsible   trappers;    who 
comprehended  the  handling  and  management  of 
cattle;    who,    in    short,    knew    wilderness    travel. 
These  came  through  with  only  the  ordinary  liard- 
^^liips.     But  take  it  all  in  all,  the  overland  trail 
was  a  trial  by  fire.     One  gets  a  notion  of  its  deadli- 
ncss  from  the  fact  that  over  five  thousand  people 
I'd   of   cholera   alone.     The   trail    was    niarked 


76  THE  FORTY-NINERS 

throughout  its  length  by  the  shallow  graves  of 
those  who  had  succumbed.  He  who  arrived  in 
California  was  a  different  person  from  ?he  one 
who  had  started  from  the  East.  Experience  had 
even  in  so  short  a  time  fused  his  elements  into 
something  new.  This  alteration  must  not  1» 
forgotten  when  we  turn  onne  more  to  the  internal 
affairs  of  the  new  commonwealth. 


r?rmii^r* 


wm 


CHAPTER  VI 


THE   MORxMONS 

In-  the  weslv^ard  ovirland  nii>ation  the  Salt  Lake 
Valley  Mormons  played  an  iinp(jrtant  part.  These 
strange  people  had  but  recently  taken  up  their 
abode  in  the  desert .  That  was  a  fortunate  circum- 
stance,  as  their  necessities  force.  1  I  hem  to  render 
an  aid  to  the  nugration  that  in  better  days  would 
probably  have  been  refused. 

The  founder  of  the  IVIormon  Church,  Joseph 
Smith,  Jr.,  came  from  a  commonplace  family. 
Apparently  its  members  were  ignorant  and  super- 
stitious. They  talked  much  of  hidden  treasure  and 
of  supernatural  means  for  its  disco\er>'.  They  be- 
iK'Vcd  in  onuns,  signs,  and  other  superstitions.  As 
a  hoy  Joseph  had  been  shrewd  enough  and  super- 
stitious enough  to  play  this  trait  up  for  all  it  was 
v^orth.  Tie  had  a  magic  peep-stone  and  a  witch- 
iiazcl  divining-rod  that  he  manipulated  sc,  skill- 
fully as  to  cause  other  boys  and  even  older  men 

77 


MICROCOPY    RESOLUTION    TEST    CHART 

(ANSI  and  ISO  TEST  CHART  No.  2) 


1.0 


I.I 


1.25 


1^ 

Hi. 

Hi 

1^ 

13.6 

■  4.0 

11= 

121 

III = 

11 2.0 

1.4 


1.8 


1.6 


A     APPLIED  IIVMGE     Inc 


165J   East    Main   Street 
Rochester.    Ne*    'ork         14609 
(716)    482  -  0300  -  Phone 
(716)    288  -  5989  -  Fax 


USA 


78  THE  FORTY-XIXKRS 

to  dig  for  him  as  he  wislied.  Ho  seemed  to  deliglit 
in  tricking  his  companions  in  various  ways,  by  tell- 
ing fortunes,  reehng  off  tall  yarns,  and  posing  as 
one  possessed  of  occult  knowledge. 

According  to  Joseph's  autobiography,  the  dis- 
covery of  the  Mormon  Bible  happened  in  this  wise: 
on  the  night  of  September  21,  lS-2^,  a  vision  fell 
upon  him;  the  angel  Moroni  appeared  and  directed 
him  to  a  cave  on  the  hillside;  in  this  cave  he  found 
some  gold  plates,  on  which  were  inscrib'd  strange 
characters,  written  in  what   Smith  described  as 
"reformed  Egyptian";  they  were  undecipherable 
except  by  the  aid  of  a  pair  of  magic  peep-stones 
named  Urim  and  Thummim,  delivered  him  for  the 
purpose  by  the  angel  at  Palmyra;  looking  through 
the  hole  in  these  peep-stones,  he  was  able  to  inter- 
pret the  gold  plates.     This  was  the  skeleton  of  tlie 
storv  embellished  bv  later  ornamentation  in  the 
way  of  golden  breastplates,  two  stones  bright  and 
shining,  golden  plates  united  at  the  back  by  rings. 
the  sword  of  Laban,  square  stone  boxes,  cemented 
clasps,  invisible  blows,  suggestions  of  Satan,  and 
similar  mummery  born  from  the  quickened  imagi- 
nation of  a  zealot. 

Smith  succeeded  in  interesting  one  Harris  to 
act  as  his  amanuensis  in  his  interpretation  of  theso 


THE  MORMONS  79 

i)ooks  of  Alornion.  The  future  i)roi)het  sat  hv- 
liind  a  screen  with  the  supposed  gold  i)hites  in  his 
liat.  He  dictated  through  the  stones  Trim  and 
Tiiummim.  With  a  keen  imagination  and  natural 
aptitude  for  the  strikingly  dramatic,  he  was  ahle 
to  present  formally  his  ritual,  tabernacle,  holy  (^f 
holies,  priesthood  and  tithings,  constitution  and 
councils,  blood  atonement,  anointment,  twelve 
apostles,  miracles,  his  spiritual  manifestations  and 
revelations,  all  in  reminiscence  of  the  religious 
tenets  of  many  lands. 

Such  religi(nis  movements  rise  and  fall  at  i)eri- 
odic  intervals.  Sometimes  they  are  never  heard 
of  outside  the  small  comnmnities  of  their  birth; 
at  other  times  they  arise  to  temporary  nation- wide 
importance,  but  they  are  unlucky  either  in  leader- 
ship or  environment  and  so  perish.  The  Mormon 
Church,  however,  was  fortunate  in  all  respects. 
Smith  was  in  no  manner  a  successful  leader,  but 
lie  made  a  good  i)roi)het.  lie  was  strong  physi- 
cally, was  a  great  wrestler,  and  had  an  abundance 
of  good  nature;  he  was  personally  popular  with  the 
type  of  citizen  with  whom  he  was  thrown.  He 
could  impress  the  ignorant  mind  with  the  realitv  of 
his  revelations  and  the  potency  of  his  claims.  He 
could  impress  the  moro  intelligent,  but  half  un- 


80  THE  FORTY-NINERS 

scrupulous,  half  fanatical  minds  of  the  leaders  with 
the  power  of  his  idea  and  the  opportunities  offered 
for  leadership. 

Two  men  of  the  latter  type  were  Parley  P.  Pratt 
and  Sidney  Rigdon.    The  former  was  of  the  narrow, 
strong,  fanatic  type;  the  latter  had  the  cool  coi. 
structive  brain   that  gave  point,   direction,   and 
consistency  to  the  Mormon  system  of  theology. 
Had  it  not  been  for  such  leaders  and  others  likt' 
them,  it  is  quite  probable  that  the  Smith  move- 
ment   would    have    been    lost   like    hundreds    of 
others.     That    Smith    himself    lasted  so  long  as 
the   head   of  the   Church,  with   the  powers  and 
perquisites    of   that    position,   can    be   explained 
by  the  fact  that,  either  by  accident   or  shrewd 
design,  his  position  before  the  unintelligent  masses 
had    been    made    impregnable.      If    it    was    not 
true  that  Joseph  Smith  had  received  the  golden 
plates  from  an  angel  and  had  translated  them  — 
again  with  the  assistance  of  an  angel  —  and  had 
received  from  heaven  the  revelations  vouchsafe  d 
from  time  to  time  for  the  explicit  guidance  of  tiio 
Church  in  moral,  temporal,  and  spiritual  matters, 
then  there  was  no  Book  of  ]\1     .non,  no  new  revela- 
tion, no  Mormon  Church.     The  dethronement  of 
Smith  meant  that  there  could  be  no  successor 


THE  MORMONS  x*. 

to  Smith,  for  there  would  be  nothing  to  \vi...n 
to  succeed.  The  whole  church  structure  must 
tiumble  with  him. 

The    time    was    psychologically    right.     Occa- 
.sionally  a  contagion  of  religious  need  seems  to 
sweep   the  country.     People  demand   manifesta- 
tions and  signs,  and  will  flock  to  any  who  can 
promise  them.     To  this  class  the  Book  of  Mormon, 
with    its    definite    sort    of    mysticism,    appealed 
strongly.     The  promises  of  a  new  Zion  were  con- 
crete; the  power  was  centralized,  so  that  people 
who  had  heretofore  been  floundering  in  doubt  felt 
they  could  lean  on  authority,  and  shake  oflF  the 
personal   responsibility   that   had    weighed    them 
down.     The  Mormon  communities  grew  fast,  and 
soon  began  to  send  out  proselyting  missionaries. 
England  was  especially  a  fruitful  field  for  these 
missionaries.     The    great    manufacturing    towns 
were  then  at  their  worst,  containing  peoph-  des- 
perately  ignorant,    superstitious,   and   so   deeply 
poverty-stricken   that  the  mere  idea  of  owning 
land  of  their  own  seemed  to  them  the  height  of 
affluence.     Three  years  after  the  arrival  of  the 
missionaries  the  general  conference  reported  4019 
converts    in    England    alone.     These    were   good 
material  in  the  hands  of  strong,  fanatical,  or  un- 


82  THE  FORTY-XIXERS 

scrupulous  leaders.  They  were  religious  enthusi- 
asts, of  course,  who  believed  they  were  comini:  to 
a  real  city  of  Zion.  Most  of  them  were  in  c!  l.l  to 
the  Churcli  for  the  price  of  their  passage,  and  tlu  ir 
expenses.  They  were  dutiful  in  their  acceptan(r 
of  miracles,  signs,  and  revelations.  The  more 
intelligent  among  them  realized  that,  having  coiiu 
so  far  and  invested  In  the  enterprise  their  all,  it  was 
essential  that  they  accept  wholly  the  discipliiit 
and  authority  of  the  Church. 

Before  their  final  migration  to  Utah,  the  lilor- 
mons  made  three  ill-fated  attempts  to  found  tli( 
citv  of  Zion,  first  in  Ohio,  then  in  western  Ws- 
souri,  and  finally,  upon  their  expulsion  from 
Missouri,  at  Nauvoo  in  Illinois.  In  every  case 
they  both  inspired  and  encountered  opposition 
and  sometimes  persecution.  As  the  Morm()n> 
increased  in  power,  they  became  more  self-suf- 
ficient and  arrogant.  They  at  first  presumed  to 
dictate  politically,  and  then  actually  began  to 
consider  themselves  a  separate  political  entity. 
One  of  their  earliest  pieces  of  legislation,  under  tlic 
act  incorporating  the  city  of  Nauvoo,  was  an 
ordinance  to  protect  the  inhabitants  of  the  Mor- 
mon communities  from  all  outside  legal  processes. 
No  writ  for  the  arrest  of  any  Mormon  inhabitants 


THE  MORMONS  83 

of  any  Mormon  city  could  be  executed  until  it  had 
received  the  mayor's  approval.  By  way  of  a  mild 
and  adequate  penalty,  anyone  violating  this  ordi- 
nance ^^\^s  to  be  imprisoned  for  life  with  no  power 
of  pardon  in  the  governor  without  the  mayor', 
consent. 

Of  course  this  was  a  welcome  opportunity  for  the 
lawless  and  desperate  characters  of  the  surround- 
ing country.     They  became  Mormon  to  a  man. 
Under  the  shield  of  Mormon  protection  they  could 
steal   and   raid   to   their   heart's  content.'  Land 
speculators  also  came  into  the  Church,  and  bought 
land  in  the  expectation  that  New  Zion  property 
would    largely    rise.     Banking    grew    somewhat 
frantic.     Complaints  became  so  bitter  that  even 
the    higher  church    authorities    were    forced    to 
take  cognizance  of  the  practices.    In  1840  Smith 
himself  said:  "We  are  no  longer  at  war,  and  you 
must  stop  stealing,     ^^^len  the  right  time  comes, 
we  will   go  in   force    and  take  the  whole  State 
of  Missouri.     It  belongs  to  us  as  our  inheritance, 
hut  I  want  no  more  petty  stealing.     A  man  that 
will   steal   petty  articles  from  his  enemies  will, 
^\-lien  occasion  offers,  steal  from  his  brethren  too. 
Vow  I  command  you  that  Lave  stolen  must  steal 
no  more." 


84  THE  FORTV-XINERS 

At  Xauvoo,  on  tlu'  eastern  bank  of  the  Missis- 
sippi, they  built  a  really  pretentious  and  beautiful 
city,  and  all  but  completed  a  temple  that  was,  from 
every  account,  creditable.     However,  their  arro- 
gant relations  with  their  neighbors  and  the  extreme 
isolation  in  which  they  held  themselves  soon  eanit  .1 
them  the  dislike  and  distrust  of  those  about  them. 
The  prac!  f-e  of  polygamy  had  begun,  althouKli 
even  to  the  rank  and  file  of  the  Mormons  them- 
selves the  revelation  comnumding  it  was  as  yd 
unknown.     Still,  rumors  had  leaked  forth.     TIk 
community,  already  severely  shocked  in  its  eco- 
nomic sense,  was  only  too  ready  to  be  shocked  in 
its  moral  sense,  as  is  the  usual  course  of  human 
nature.     The  rather  wild  vagaries  of  the  converts, 
too,   aroused   distrust  and   disgust   in   the  sober 
minds  of  the  western  pioneers.     At  religious  meet- 
ings converts  would  often  aris'-  to  talk  in  gibberisli 
—  utterly  nonsensical  gibb  'his  was  calle*! 

a  "speaking  with  tongues.  jould  be  trans- 

lated by  the  speaker  or  a  bystander  in  any  way 
he  saw  fit,  without  responsibility  for  the  saying. 
This  was  an  easy  way  ot  calling  a  man  names 
without  standing  behind  it,  so  to  speak.  Tlu 
congregation  saw  visions,  read  messages  on  stones 
picked  up  in  the  field  —  messages  which  disap 


THE  MORMONS  8.', 

j)t'urr(J  as  soon  as  interpreted.  Tliey  had  fits  in 
nieetuigs,  they  cliased  balls  of  fire  tlirough  tlie 
tieiils,  they  saw  wonderful  h'ghts  in  the  air,  in 
.^hort  they  went  through  all  the  hysterical  vagaries 
formerly  seen  also  in  the  Methodist  revivals  under 
John  Weslev. 

Turbulence  outside  was  accompanied  by  tur- 
bulence within.  Schisms  occurred.  Branches 
were  broken  of!  from  the  Church.  Tne  great 
temporal  power  and  wealth  to  which,  owing  to  the 
obedience  and  docility  of  the  rank  and  file,  the 
leaders  had  fallen  practically  sole  heirs,  had  gone 
to  their  heads.  The  Mormon  Church  gave  everv 
indication  of  breaking  up  into  disorganized  smaller 
units,  when  fortunately  for  it  the  prophet  Josepli 
Smith  and  his  brother  Hyrum  were  killed  by  a  mob. 
This  martyrdom  consolidated  the  church  body 
once  more;  and  before  disintegrating  influences 
could  again  exert  themselves,  the  reins  of  power 
were  seized  by  the  strong  hand  of  a  remarkable 
man,  Bngham  Young,  who  thrust  aside  the  logical 
successor,  Joseph  Smith's  son. 

Young  was  an  uneducated  man,  but  with  a  deep 
insight  into  human  nature.  A  shrewd  practical 
ability  and  a  rugged  intelligence,  combined  with 
absolute  cold-blooded  unscrupulousness  in  attaining 


80  THE  FORTY-NINERS 

his  ends,  were  qualiliojs  amply  .sufficiont  to  put 
Young  in  the  front  rank  of  the  class  of  i)e()ple  \vl  ,i 
composed  the  Mormon  Church.     He  early  est:il>- 
lished   a  hierarchy   of  sufficient  powers  so  tlial 
always  he  was  able  to  keep  the  strong  men  of  tin 
Church  loyal  to  the  idea  he  represented.     He  paid 
them  well,  both  in  actual  property  and  in  powir 
that  was  dearer  to  them  than  i)roperty.     Further- 
more, whether  or  not  he  originated  polygamy,  ho 
not  only  saw  at  once  its  uses  in  increasing  tlu 
population  of  the  new  state  and  in  taking  care  of 
the  extra  women  such  fanatical  religions  alwavj 
attract,  but  also,  more  astutely,  h.    realized  that 
the  doctrine  of  polygamy  would  set  his  peo[)le  apart 
from  all  other  people,  and  probably  call  down  upon 
them  the  direct  opposition  of  the  Federal  Govern- 
ment.    A  feeling  of  persecution,  opposition,  and 
possible  puni, '  ment  were  all  potent  to  segregate 
the  Mormon  Church  from  the  rest  of  humanity 
and  to  assure  its  coherence.     Further,        undt  r- 
stood  thoroughly  the  results  that  can  be  obtained 
by  cooperation  of  even  mediocre  people  under  a  hie 
leadership.     He  placed  his  people  apart  by  thor- 
oughly impressing  upon  their  minds  the  idea  ol 
their  superiority  to  the  rest  of  the  world.     Iluy 
were  the  chosen  people,  hitherto  scattered,  but  no\v 


a 
h 


111 
h; 

Zi 

U 


'::^:,i:r4:s.:m^^.^s^sM..'M-f.:.^-: 


lilt 

1... 
ih- 
lilt 

lir 
lid 

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(T- 

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:hv 

of 

IVj 

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art 
)on 
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itv 

llT- 
U'd 
1)K- 

lor- 
of 

lu'v 


THK  ^IOR^roxs  s? 

at  lii.^l  KathmMl  fo^'ctlicr.  His  foilowtTs  had  just  ll,e 
(Ir^Tcr  of  iiitt'IIiMviKv  iifcrssary  toaccri)!  It-adorsliip 
firaccfiilly  and  to  rejoice  in  a  suppo.st'd  .superiority 
ixcausc  of  a  scnso  of  previous  inferiority. 

Tin's  ductile  niatrrial  Hriglian.  welded  to  his  own 
I'tirnis.  He  was  able  to  assume  consistently  an 
appearance  of  uncoutli  ignorance  in  order  to  retain 
Ills  hold  over  his  uncultivated  flock.  He  delivered 
vituperative,  even  ohscene  sernjons,  whicji  may 
>lill  he  read  in  his  collected  works.  But  he  was 
;i!)!e  also  on  occasions,  as  when  addressing  agents 
of  the  Federal  (iovernnient  or  other  outsiders 
whom  he  wi.shed  to  impress,  to  write  direct  and 
dignified  English.  He  was  resourceful  in  obtain- 
ing control  over  the  other  strong  men  of  his 
Church;  but  by  iiis  very  success  he  was  blind-d  to 
due  proportions.  There  can  be  little  doubt  that  at 
Oil.'  time  he  thought  he  could  defy  the  United  States 
by  force  of  arms.  He  even  maintained  an  organi- 
zation called  the  Danites,  sometimes  called  the 
Destroying  Angels,  who  carried  out  his  decrees.' 

Brigham  could   welcome  graciously  and  leave 

■  The  Mormon  C'liu-ch  has  always  denied  the  existence  of  any  such 

rwmzation:  but  the  weight  of  evidence  is  against  tlie  Church.     In 

or.f  ■.•.(  ,us  discourses,  \  oun^'  stems  inadvcrtonti^  to  have  admitted  the 

-  xi-tnice  of  the  Danites.   The  organization  dates  from  the  sojourn  of  the 

•Mormons  in  Missouri.   See  Linn,  Th-  Story  oftheMormons,i)p.  189-l»i. 


88  THE  FOHTY-NINKRS 

a  goo<l  impression  upon  important  visitors.     Ifr 
was  not  a  good  business  man,  however,  and  alm(.>t 
every  enterprise  he  directly  undertook  proved  Id 
be  a  complete  or  partial  failure,     lie  did  the  m<»t 
extraordinarily  stupid  things,  as,  for  instance,  wli.  i 
he  phinned  the  so-called  Cottonwood  Canal,  tli. 
mouth  of  which  was  ten  feet  higher  than  its  soun  . ' 
Nevertheless  he  had  sense  to  utilize  the  businc- 
ability  of  other  men,  and  was  a  good  accumulator 
of  properties.     His  estate  at  his  death  wasvahhd 
at  between  two  and  three  million  dollars.     ''■|ii> 
was  a  pretty  good  saving  for  a  pioneer  who  IijkI 
come  into  the  wilderness  without  c  cent  of  his  own, 
who  had  always  spent  lavishly,  and  who  had  sup- 
ported a  family  of  over  twenty  wives  and  fifty 
chihlren  — all  this  without  a  salary  as  an  officer. 
Tithes  were  brought  to  him  personally,  and  li< 
rendered  no  accounting.     He  gave  the  strong  nun 
of  his  hierarchy   power  and  opportunity,  phiyt  i 
them  against  each  other  to  keep  his  own  lead,  aiii! 
made  holy  any  of  their  misdeeds  which  were  ik  ' 
directed  against  himself. 

The  early  months  of  1840  witnessed  a  tliini 
Mormon  exodus.  Driven  out  of  Illinois,  tlion' 
Latter-day  Saints  crossed  the  Mississippi  in  or- 
ganized bands,  with  Council  Bluffs  as  their  fir>t 


■*',.;^. 


TIIK  MORMONS  S9 

()l)j«'ctiv( .  Tlirou^'h  tlu'  wiiitir  arid  >|)rin^'  sonic 
fiftirn  tliousaiid  Mt)r?iionN  witli  tlin-r  llioiis;  i d 
wa^'ons  foJind  flitir  way  fnun  caiiM*  t«>  caiiii), 
lliroii^'h  snow,  ic«',  and  mud.  over  tin-  weary  '  cicli 
of  four  hundred  inii,  s  to  the  l)anks  of  tin-  Mi.sM»ur 
The  r'^\c  of  this  westwani  ini^'ration  is  ahuo.st 
hihh'cal.  Hardship  hrou^dit  out  the  hen)ie  in 
many  eliaraelers.  Like  true  American  pioneers, 
t.iey  athipted  tliem.seKes  to  :  umstanees  with 
fortitude  and  skill.  Linn  s;.^.;,:  **\Vhen  a  hall 
occurred,  a  shoemaker  nnght  l)e  s(>en  looking'  for  a 
slone  to  serve  as  a  hip-stone  in  liis  rcjjair  work, 
or  a  gunsmitli  nien(h"ng  a  rifle,  or  a  weaver  at  a 
wheel  or  loom.  The  women  learned  that  the 
jolting  wagons  would  cluirn  their  milk,  and  when 
a  halt  occurred  it  took  them  l)ut  a  short  time  to 
heat  an  oven  hollowed  out  of  the  hillside,  in  which 
to  hake  the  bn  1  alreaily  raised."  Colonel  Kane 
says  that  he  s  •  a  piece  of  cloth,  the  wool  for 
winch  w::  siieared,  dyed,  spun,  and  woven,  during 
i.111  marcii. 

.-ifter  a  winter  of  sickness  and  deprivation  in 
camps  along  "Misery  Bottom,"  as  they  called  the 
river  flats,  during  which  malaria  carried  of?  hun- 
dreds, Brigham  Young  set  out  with  a  pioneer  hand 
of  a  hundred  and  fifty  to  find  a  new  Zion.     Toward 


:^-^- 


'€:>t^^' 


90 


THE  FORTY-NINERS 


the  end  of  July,  this  expedition  by  design  or  chance 
entered  Salt  Lake  Valley.  At  sight  of  the  lake 
glistening  in  the  sun,  "Each  of  us,"  wrote  one  of 
the  party,  "without  saying  a  word  to  the  other, 
instinctively,  as  if  by  inspiration,  raised  our  hats 
from  our  heads,  and  then,  swinging  our  hats, 
shouted,  'Ilosannah  to  God  and  the  Lamb!'" 

Meantime  the  first  emigration  from  winter 
quarters  was  under  way,  and  in  the  following' 
spring  Young  conducted  a  train  of  eight  hundred 
wagons  across  the  plains  to  the  great  valley  when> 
a  city  of  adobe  and  log  houses  was  already  building. 
The  new  city  was  laid  off  into  numbered  lots. 
The  Presidency  had  charge  of  the  distribution  of 
these  lots.  Yju  may  be  sure  they  did  not  reserve 
the  worst  for  their  use,  nor  did  they  place  about 
themselves  undesirable  neighbors.  Immediately 
after  the  assignments  had  been  made,  various 
people  began  at  once  to  speculate  in  buying  and 
selling  according  to  the  location.  The  spiritual 
power  immediately  anathematized  this.  No  one 
was  permitted  to  trade  over  property.  Any  sales 
were  made  on  a  basis  of  the  first  cost  plus  the  value 
of  the  improvement.  A  community  admirable  in 
almost  every  way  was  improvised  as  though  b.v 
magic.     Among   themselves    the   Alormons    wen 


THE  MORMONS  91 

sober,  industrious,  God-fearing,  peaceful.     Their 
difficulties  with  the  nation  were  yet  to  come. 

Throughout  the  year,    1848,   the  weather  was 
propitious  for  ploughing  and  sowing.     Before  the 
crops  could  be  gathered,  however,  provisions  ran 
so  low  that  the  large  community  was  in  actual 
danger  o'  starvation.     Men  were  reduced  to  eating 
skins  of  slaughtered  animals,  the  raw  hides  from 
the  roofs  of  houses,  and  even  a  wild  root  dug  by 
the  miserable  Ute  Indians.     To  cap  the  climax, 
when  finally  the  crops  ripened,  thej-  were  attacked 
by  an  army  of  crickets  that  threatened  to  destroy 
them  utterly.     Prayers  of  desperation  were  mir- 
aculously answered  by  a  flight  of  white  sea-gulls 
that  destroyed  the  invader  and  saved  the  crop. 
Since   then    this   miracle  has   been    many    times 
repeated. 

It  was  in  August,  1849,  that  the  first  gold  rush 
began.  Some  of  Brannan's  company  from  Cali- 
fornia had  already  arrived  with  samples  of  gold- 
dust.  Brigham  Young  was  too  shrewd  not  to 
discourage  all  mining  desires  on  the  part  of  his 
people,  and  he  managed  to  hold  them.  The 
Mormons  never  did  indulge  in  gold-mining.  But 
the  samples  served  to  inflame  the  ardor  of  the  im- 
migrants from  the  east.     Their  one  desire  at  once 


02  THE  FORTY-NINERS 

became  to  lighten  their  loads  so  that  they  couhl 
get  to  the  diggings  in  the  shortest  possible  time. 
Then  the  Mormons  began  to  reap  their  harvest. 
Animals  worth  only  twenty-five  or  thirty  dollars 
would  bring  two  hundred  dollars  in  exchange  for 
goods  brought  in  by  the  travelers.  For  a  light 
wagon  the  immigrants  did  not  hesitate  to  offer 
three  or  four  heavy  ones,  and  sometimes  a  yoke  of 
oxen  to  boot.  Such  very  desirable  things  to  a  new 
community  as  sheeting,  or  spades  and  shovels, 
since  the  miners  were  overstocked,  could  be  had 
for  almost  nothing.  Indeed,  everything,  except 
coffee  and  sugar,  was  about  half  the  wholesale 
rate  in  the  East.  The  profit  to  the  Mormons  from 
this  migration  was  even  greater  in  1850.  The 
gold-seeker  sometimes  paid  as  high  as  a  dollar  a 
pound  for  flour;  and,  conversel}',  as  many  of  the 
wayfarers  started  out  with  heavy  loads  of  mining 
machinery  and  miscellaneous  goods,  as  is  the  habit 
of  the  tenderfoot  camper  even  unto  this  day,  they 
had  to  sell  at  the  buyers'  prices.  Some  of  the  enter- 
prising miners  had  even  brought  large  amounts  of 
goods  for  salf  at  a  hoped-for  profit  in  California. 
At  Salt  Lake  City,  however,  the  information  was 
industriously  circulated  that  shiploads  of  similar 
merchandise  were  on  their  way  round  the  Horn, 


THE  MORMONS  9.1 

and  consequently  the  would-be  traders  often  sacri- 
ficed their  own  stock. ' 

This  friendly  condition  could  not,  of  course,  long 
obtain.  Brighain  Young's  policy  of  segregation  was 
absolutely  opposed  to  permanent  friendly  relations. 
The  immigrants  on  the  other  hand  were  violently 
prejudiced  against  the  Mormon  faith.  The  valley 
of  the  Salt  Lake  seemed  to  be  just  the  psycho- 
logical point  for  the  breaking  up  into  fragments  of 
the  larger  companies  that  had  crossed  the  plains. 
The  division  of  property  on  these  separations  some- 
times involved  a  considerable  amount  of  difficulty. 
The  disputants  often  applied  to  the  Mormon  courts 
for  decision.  Somebody  was  sure  to  become  dis- 
satisfied and  to  accuse  the  courts  of  undue  influ- 
ence. Rebellion  against  the  decision  brought  upon 
them  the  full  force  of  civil  power.  For  contempt  of 
court  they  were  most  severely  fined.  The  fields 
of  the  Mormons  were  imperfectly  fenced;  the  cattle 
of  the  immigrants  were  very  numerous.  Trespass 
cases  brought  heavy  remuneration,  the  value 
being  so  much  greater  for  damages  than  in  the 
States  that  it  often  looked  to  the  stranger  like  an 
injustice.  A  protest  would  be  taken  before  a 
bishop  who  charged  costs  for  his  decision.     An 

'  Linn,  The  Story  of  the  Mormons,  406. 


R7S7?37C3^ 


ilMBi 


94  THE  FORTV-XIXERS 

unreasonable  prejudice  against  the  IMornions  often 
arose  from  these  causes.  On  the  other  hand  there 
is  no  doubt  that  the  immigrants  often  had  right  on 
their  side.  Not  only  were  the  Mormons  human 
beings,*  with  the  usual  qualities  of  love  of  gain  and 
desire  to  take  advantage  of  their  situation;  but, 
further,  they  belonged  to  a  sect  that  fostered  the 
belief  that  they  were  superior  to  the  rest  of  man- 
kind, and  that  it  was  actually  meritorious  to  "spoil 
the  Philistines.'' 

Many  gold-diggers  who  started  out  with  a  com- 
plete outfit  finished  their  journey  almost  on  foot. 
Some  five  hundred  of  these  people  got  together 
later  in  California  and  compared  notes.  Finally 
they  drew  up  a  series  of  affidavits  to  be  sent 
back  home.  A  petition  was  presented  to  Congress 
charging  that  many  immigrants  had  been  murdered 
by  the  Mormons;  that,  when  members  of  the  Mor- 
mon community  became  dissatisfied  and  tried  to 
leave,  they  were  subdued  and  killed ;  that  a  two  per 
cent  tax  on  the  property  was  levied  on  those  im- 
migrants compelled  to  stay  through  the  winter; 
that  justice  was  impossible  to  obtain  in  the  Mor- 
mon courts;  that  immigrants'  mail  was  opened  and 
destroyed;  and  that  all  Mormons  were  at  best 
treasonable  in  sentiment.     Later  the  breach  be- 


THE  MORMONS  95 

tween  the  Mormons  and  tlu'  Americans  became 
more  marked,  until  it  culminated  in  the  atrocious 
Mountain  Meadows  massacre,  which  was  probably 
only  one  of  several  similar  but  lesser  occurrences. 
These  things,  however,  are  outside  of  our  scope, 
as  they  occurred  later  in  history.  For  the  moment, 
it  is  only  necessary  to  note  that  it  was  extremely 
fortunate  for  the  gold  immigrants,  not  only  that 
the  half-way  station  had  been  established  by  the 
Mormons,  but  also  that  the  necessities  of  the 
latter  forced  them  to  adopt  a  friendly  policy.  By 
the  time  open  enmity  had  come,  the  first  of  the 
rush  had  passed  and  other  routes  had  been  well 
established. 


CHAPTER  VII 


THE   WAY   BY   PANAMA 


Of  the  three  roads  to  California  that  by  Panama 
was  the  most  obvious,  the  shortest,  and  therefore 
the  most  crowded.  It  was  likewise  the  most  ex- 
pensive. To  the  casual  eye  this  route  was  also  the 
easiest.  You  got  on  a  ship  in  New  York,  you  dis- 
embarked for  a  very  short  land  journey,  you  re- 
embarked  on  another  ship,  and  landed  at  San 
Francisco.  This  route  therefore  attracted  the 
more  unstable  elements  of  society.  The  journey 
by  the  plains  took  a  certain  grim  determination 
and  courage;  that  by  Cape  Horn,  a  slow  and 
persistent  patience. 

The  route  by  the  Isthmus,  on  the  other  hand, 
allured  the  impatient,  the  reckless,  and  those  who 
were  unaccustomed  to  and  undtsirous  of  hard- 
ships. Most  of  the  gamblers  and  speculators, 
for  example,  as  well  as  the  cheaper  politicians, 
went  by  Panama. 

96 


THE  WAV  ItV  PVN'VMA  97 

In  Octolur,  1848.   (he  first    steuniship   of   tho 
Pacific   Steanisl.ip    Company    hvguxx    Iut    vovagc 
Irom  New  York  to  Panama  an.l  San  FranJisco, 
and   reached    her   destination    toward    ti.e  en.l  (,f 
February.     On  the  Athmtic  every  <,id   f,d.   tliat 
'•ouhl  be  made  to  float  so  far  was  pressed  into 
service.     Naturally  there  were  many  more  vess,.Is 
on  the  Atlantic  side  than  on  the  Pacific  siMe,  and 
the  greatest   congestion   took   ijlac-   at   Panama. 
Kvery  man  was  promised  l,y  the  shipping  agent 
a  through  passage,  but   the  shipping  agent  was 
careful  to  remain  in  New  York. 

The  overcrowded  ships  were  picturesque  though 
uncomfortable.     They  were  crowdecj  to  the  guards 
with  as  miscellaneous  a  lot  of  passengers  as  were 
ever  got  together.     It  must  be  remembered  that 
they  were  mostly  young  men  in  the  full  vigor  of 
youth  and  thoroughly  iml)ued  with  the  adventur- 
ous spirit.     It  must  be  remembered  again,  if  the 
reader  can  think  back  so  far  m  liis  own  exjjerience, 
that  youth  of  that  age  lovr  s  to  d-ck  itself  out  both 
physically  and  mentally     .  the  trappings  of  ro- 
mance.   Almost  every  man  wore  a  red  shirt,  a  slouch 
hat,  a  repeating  pistol,  and  a  bowie  knife:  and  most 
of  them  began  at  once  to  grow  beards.     They  came 
from  all  parts  of  the  country.     The  lank  "^IVIaine 


^^^7!^: 


98  THE  FORTY-NINERS 

Yankee    elliowed    the    tall,    sallow,    black-haired 
Southerner.      Social    distinctions   soon   fell    away 
and  were  forgotten.     Xo  one  could  tell  hy  speech, 
manners,  tir  dress  whether  a  man's  former  status 
was  lawyer,  physician,  or  roustahout.     The  days 
were  spent  in  excited  discussions  of  matters  per- 
taining to  the  new  country  and  th.e  theory  and 
practice  of  gold-mining.      Only  two  things  were 
said  to  })e  capable  of  breaking  in  on  this  inter- 
minable palaver.     One  was  dolphins  and  the  other 
the  meal-gong.     AVhen   dolphins  appeared,   eaeli 
passenger  promptly  rushed  to  the  side  of  the  ship 
and  discharged  his  revolver  in  a  fusillade  that  was 
usually  harmless.     Meal  time  always  caught  the 
majority   unawares.     They   tumbled   and   jostled 
down  the  companionway  only  to  find  that  the  wise 
and   forethoughtful   had   preempted   f'very  chair. 
There  was  very  little  (juarreling.     A  holiday  spirit 
seemed  to  pervade  the  crowd.   Everybody  was  mort 
or  less  elevated  in  mood  and  everybody  was  imbued 
with  the  same  spirit  of  comradeship  in  adventure. 
But  with  the  sight  of  shore,  the  low  beach,  and 
the  round  high  bluffs  with  the  castle  atop  that 
meant     Chagres,     this    comradeship     rather    fell 
apart.      Soon    a   landing   was    to   be    made   and 
transportation  across  the  Isthmus  had  to  be  oh- 


THE  WAY  BY  PANAMA  09 

taiiifd.     Men  at  once  bocanu-  rivals  for  prompt 
.service.     Here,  for  tlie  first  time,  the  owner>  of  flu' 
weird    niining-macliines   already    .lescrihed    found 
themselves  at  a  disadvantage',   wln'Ie   those  who 
carried  merely  the  pick,  shovel,  and  small  personal 
equipment  were  enabled  to  make  a  flying  start. 
On  the  beach  there  was  invariably  an  inunense 
wrangle  over  the  hiring  of  boats  to  go  up  the  river. 
These  were  a  sort  of  dug-out  with  small  decks  in 
the  bow  and  in  the  stern,  and  with  low  roofs  of 
palmetto  leaves  amidships.     The  fare  to  Cruces 
was  about  fifteen  dollars  a  man.     Xobody  was 
in  a  hurry  but  the  Americans. 

Chagres  was  a  collection  of  cant  huts  on  level 
ground,  with  a  swamp  at   the   back.     ISIen  and 
women  clad  in  a  single  cotton  garment  lay  about 
smoking  cigars.     Naked  and  pot-bellied  children 
played  in  the  mud.     On  the  threshold  of  the  doors, 
in  the  huts,  fish,  bullock  heads,  hides,  and  carrion 
were  strewn,  all  in  a  state  of  decomposition,  while 
in  the  rear  was  the  jungle  and  a  lake  of  stagnant 
water  with  a  delicate  bordering  of  greasy  blue  mud. 
There  was  but  one  hotel,  called  the  Crescent  City, 
which  boasted  of  no  floor  and  no  food.     The  new- 
comers who  were  unsupplied  with  provisions  had 
to  eat  what  they  could  pick  up.     Unlearned  as  yet 


100  THE  FORTY-NINERS 

in  tropical  ways,  they  wasted  a  Ircnu'iidous  lot  of 
n<TVou.s  energy  in  trying  to  get  the  natives  started. 
The  natives,  calm  in  the  consciousness  that  there 
was  plenty  of  demand,  refused  to  he  hurried. 
Many  of  the  travelers,  thinking  that  they  had 
clo.sed  a  bargain,  returned  from  sight.seeing  only 
to  find  their  boat  had  disappeared.  The  only  safe 
way  was  to  sit  in  the  canoe  until  it  actually  start i-d. 

With  luck  they  got  off  late  in  the  afternoon,  and 
made  ten  or  twelv*'  miles  to  Gatun.  Ttie  journey 
up  the  lazy  troj)ical  river  was  exciting  and  inter- 
esting. The  boatmen  sang,  the  tropic  forests  came 
down  to  the  banks  with  their  lilies,  shrubs,  mai.- 
goes,  cocos,  sycamores,  palms;  t»icir  crimson, 
purple,  and  yellow  blossoms;  their  bananas  with 
torn  leaves;  their  butterflies  and  paroquets;  their 
streamers  and  vines  and  scarlet  flowers.  It  was 
like  a  vision  of  fairyland. 

Gatun  was  a  collection  of  bamboo  huts,  in- 
habited mainly  by  fleas.  One  traveler  tells  of 
attempting  to  write  in  his  journal,  and  finding 
the  page  covered  with  fleas  before  he  had  inscribed 
a  dozen  words.  The  gold  seekers  slept  in  ham- 
mocks, suspended  at  such  a  height  that  the  native 
dogs  found  them  most  convenient  back-scratchers. 
The  fleas  were  not  inactive.     On  all  sides  the  na- 


101 


THE  WAV  in    PANAMA 

tivt's  drank,  suiik.  and  phiycl  uum[v.  It  ^'.'nt>raily 
rained  at  niKht,  and  (!.<.  flimsy  huts  did  litll..  to 
keep  out  tho  UTt.  Such  things  uvnt  far  tc,  take 
away  the  first  enthusiasm  and  to  ieav*  the  travel- 
ers in  rather  a  sad  and  weary -eyed  state. 

By  the  third  <hiy  the  river  narrowed  and  became 
swifter.     With   luck    the  voyagers   reached  (Jor- 
gona  on  a  high  hhifT.     This  was  usually  the  end 
of  the  river  journey.     Most  people  bargained  for 
Cruces  six  miles  beyond,  but  on  arrival  decided 
that  the  (lorgona  trail  would  be  li-ss  crowchnl,  and 
with  unanimity  went  ashore  there.     Here  ihe  bar- 
gaining had  to  be  started  all  over  again,  this  time 
for  mules.     Here  mIso  the  demand  far  exceetled 
the  supply,   with  tlu    usual  result  of  arrogance, 
indifference,  and  high   prices.     The  difficult  ridj 
led  at  first  through  a  dark  deep  wood  in  clay  soil 
that  held  water  in  every  depression,  seamed'with 
steep  eroded  ravines  and  diversified  by  low  r)asses 
over  projecting  spurs  of  a  chain  of'  mountain:.. 
There   the   monkeys    and    parrots   furnished    the 
tropical    atmosphere,    assisted   somewhat    by    in- 
numerable dead  mules  along  the  trail.     Vultures 
Hat  in  every  tree  waiting  for  more  tilings  to  happen. 
The  trail  was  of  the  consistency  of  very  thick  mud. 
In  this  mud  the  first  mule  had  naturally  left  his 


UH 


TIIK  FORTV-NIXKRS 


tracks;  the  next  mules  trod  carefully  in  the  first 
mule's  footprints,  ami  all  sul)se<iuent  mules  di<l 
likewise.  The  const  >,uence  was  a  succession  of 
narrow  deep  holes  in  the  clay  into  w  Inch  an  animal 
sank  half-way  to  the  shoulder.  No  f)ower  was 
sufficient  to  make  these  nudes  step  anywhere  else, 
Each  hole  was  full  of  nuiddy  water.  When  the 
mule  inserted  his  hoof,  water  spurted  out  violently 
as  thou^di  from  a  squirt-gun.  Walking  w  as  simply 
impossible. 

All  this  was  merely  adventure  for  the  youn^. 
strong,  and  healthy;  but  the  terrible  part  of  the 
Panama  Trail  vas  the  number  of  victims  claimed 
by  cholera  and  fevv  .  The  climate  and  the  un- 
wonted labor  brought  to  the  point  of  exhaustion 
men  unaccustomed  to  such  exertions.  They  lay 
flat  by  the  trail  a;s  though  dead.  Many  actually 
did  die  either  from  the  jungle  fever  or  the  yellow- 
jack.  The  universal  testimony  of  the  times  i> 
that  this  horseback  journey  seemed  interminabit  ; 
and  many  speak  of  being  immensely  cheered  when 
their  Indian  stopped,  washed  his  feet  in  a  wayside 
mudholc,  and  put  on  his  pantaloon.i.  That  in- 
dicated the  proximity,  at  last,  of  the  city  of 
Panama. 

It   was   a    quaint    old    place.     The    two-story 


T'lK  W\^    BY  PANAMA  |,k{ 

woodni  lioust-s  with  (•(,rri(l.,r  and  vtTa.uiah  across* 
the  fact- of  thf.sc-cond. story,  {mintcj  in  hnVht  colors, 
\vuuvi\  orazily  out  across  the  .streets.     Narrow  and' 
mysterious    alh-ys    \vi\    between    them.     Ancient 
eatliedrals  and  churches  stood  ^ray  with  a^'c  l.efore 
the  Kruss-^rown   phizas.     In    the   outskirts    were 
massive  nuisonry  ruins  of  great  huihiings,  convents, 
and  coMeges,  some  of  which  had  never  heen  finished. 
The  immense  blcx-ks  hiy  about  the  ground  in  con- 
fusion, covered  by  thousands  of  hlth-  phmts,  or 
soared  against  the  sky  in  broken  arches  and  cor- 
ridors.      But   in   the   l)ody   of   the    town,    the  old 
picturesque  liousesiiad  taken  <m  a  new  and  tempor- 
ary smar:ne.ss  whicli  consisted  mostly  of  canvas 
sign-.     The  main  street   was  composed  of  Imtels. 
eating-houses,  and  assorted  hells.     At  times  over  a 
thousand  men  were  there  awaiting  transportation. 
Some  of  them  had  been  waiting  a  long  time,  and 
imd  used  up  ail  their  money.     'J'hey  were  broke 
and  despen-te.     A  number  of  American  gambling- 
houses    were   doing   business,    and   of   course    the 
saloons  were  much  in  evidence.     Foreigners  ke{)t 
two  of  the  three  hotels;  Americans  ran  the  gam- 
bling joints;  French  and  Germans  kept  the  restaur- 
ants.    The  natives  were  cont(>nt  to  be  interested 
hut   not   entirely   idle   spectators.     There   was  a 


T"..-      llBk^.'je"*^'T^£.  *. 


104  THE  FORTY-NINERS 

terrible  amount  of  sickness  aggravated  by  Ameri- 
can quack  remedies.     ]Men  rejoicetl  or  despaired 
according  to  their  dispositions.     Every  once  in  a 
while  a  train  of  gold  bullion  would  start  back  across 
the  Isthmus  with  mule-loads  of  huge  gold  bars,  so 
heavy  that  they  were  safe,  for  no  one  could  carry 
them  off  to  the  jungle.     On  the  other  hand  there 
were  some  returning   Californians,  drunken   and 
wretched.     They  delighted  in  telling  with  grim  jo} 
of  the  disappointments  of  the  diggings.     But  prob- 
ably the  only  people  thoroughly  unhappy  were  the 
steamship  officials.     These  men  had  to  bear  the 
brunt  of  disappointment,   broken  promises,  and 
savage  recrimination,   if  means  for  going  north 
were  not  very  soon  forthcoming.     Every  once  in  a 
while  som<  ship,  probably  an  old  tub,  would  come 
wallowing  to  anchor  at  the  nearest  point,  some 
eleven  miles  from  the  city.     Then  the  raid  for 
transportation  took  place  all  over  again.     Then- 
was  a  limited  number  of  small  boats  for  carrying 
purposes,  and  these  were  pounced  on  at  once  bv 
ten  times  the  number  they  could  accommodate. 
Ships  went  north  scandalously  overcrowded  and 
underprovisioned.     Mutinies  were  not  infrequent. 
It  took  a  good  captain  to  satisfy  everybody,  and 
there  were  many  bad  ones.     Some  men  got  so  des- 


THE  WAY  BY  PANAMA  m 

perate  that,  with  a  touching  ignorance  of  geogra- 
phy, they  actually  started  out  in  small  boats  to 
row  to  the  north.  Others  attempted  the  overland 
route.  It  may  well  be  believed  that  the  reaction 
from  all  this  disappointment  and  delay  lifted  the 
hearts  of  these  argonauts  when  thev  eventual Iv 
sailed  between  the  Golden  Gates. 

This  confusion,  of  course,  was  worse  at  the  be- 
ginning. Later  the  journey  was  to  some  extent 
systematized.  The  Tanama  route  subsequently 
l)eeame  the  usual  and  fashionable  way  to  travel. 
The  ship  companies  learned  how  to  handle  and 
treat  their  patrons.     In  fact,  it  was  said  that  everv 

,  *- 

jt'welry  shop  in  San  Francisco  carried  a  large  stock 
of  fancy  silver  speaking-trumpets  because  of  the 
almost  invariable  habit  of  presenting  one  of 
these  to  the  captain  of  the  ship  by  his  grateful 
passengers.  One  captain  swore  that  he  possessed 
eighteen  of  them! 


CHAPTER  VIII 


THE    DIGGINGS 


The  two  streams  of  immigrants,  by  sea  and  over- 
land,  thus  differed,  on  the  average,  in  kind.  'J'licy 
also  landed  in  the  country  at  different  points.  The 
overlanders  were  generally  absorbed  before  tlicv 
reached  San  Fr-  isco.  They  arrived  first  ;ii 
Fort  Sutter,  whence  they  distributed  themselv(  -; 
or  perhaps  they  even  stopped  at  one  or  another  (if 
the  diggings  on  their  way  in. 

Of  those  coming  by  sea  all  landed  at  San  Fran- 
cisco. A  certain  proportion  of  the  younger  ami 
more  enthusiastic  set  out  for  the  mines,  but  only 
after  a  few  days  had  given  them  experience  of  tlit 
new  city  and  had  im[)ressed  them  with  at  least  a 
subconscious  idea  of  opportunity.  Another  cw- 
tain  proportion,  however,  remained  in  San  Fran- 
cisco without  attempting  the  mines.  These  wvw 
either  men  who  were  discouraged  by  pessinn-'ir 
tales,  men  who  had  sickened  of  the  fever,  or  iimr. 

106 


THE  DIGGINGS  107 

often  men  who  were  attracted  hy  the  big  oppor- 
tunities for  wealth  which  the  city  then  afforded. 
Tlius  at  once  we  have  two  different  types  to  con- 
sider, the  miner  and  the  San  Franciscan. 

Tlie  mines  were  worked  mostly  hy  young  men. 
Tiiey  journeyed  up  to  the  present  Sacramento 
either  by  river-boats  or  afoot.  Thence  they  took 
their  outfits  into  the  diggings.  It  must  have 
seemed  a  good  deal  like  a  picnic.  The  goal  was 
near:  rosy  hope  had  expanded  to  fill  the  horizon; 
l)reathless  anticipai.on  pervaded  them— a  good  deal 
like  a  hunting-party  starting  off  in  the  freshness 
of  the  dawn. 

The  diggings  were  generally  found  at  the  bottoms 
of  the  deep  river-beds  and  ravi^.es.  Since  trails, 
in  order  to  avoid  freshets  and  too  many  crossings 
of  the  water-courses,  took  the  higlier  shoulder 
of  the  hill,  tho  newcomer  ordinarily  looked  down 
upon  his  first  glimpse  of  the  mities.  The  sight 
must  have  been  busy  and  animated.  The  miners 
dressed  in  bright-colored  garments,  and  dug  them- 
selves in  only  to  the  waist  or  at  most  to  the 
shoulders  before  striking  bed  rock,  so  that  they 
were  visible  as  spots  of  gaudy  color.  The  camps 
were  placed  on  the  hillsides  or  little  open  flats,  and 
occasionally  were  set  in  the  bed  of  a  river-     Thev 


108  THE  FORTY-XIXERR 

were  composed  of  tents,  and  of  rough  log  or  bark 
structures. 

The  newcomers  did  not  spend  much  time  in 
estabhshing  themselves  comfortably  or  luxuriously. 
They  were  altogether  too  eag<'r  to  get  at  the  actual 
digging.  There  was  an  immense  excitement  of 
the  gamble  in  it  all.  A  man  might  dig  for  days 
without  adequate  results  and  then  of  a  sudden 
run  into  a  rich  pocket.  Or  he  might  pan  out  an 
immense  sum  within  the  first  ten  minutes  of  strik- 
ing his  pick  to  earth.  No  one  could  tell.  The 
fact  that  the  i  \  erage  of  all  the  days  and  all  the 
men  amounted  lo  very  little  more  than  living  wages 
was  quite  lost  to  sight.  At  first  the  methods 
were  very  crude.  One  man  held  a  coarse  screen 
of  willow  branches  which  he  shook  continuously 
above  an  ordinary  cooking  pot,  while  his  partner 
slowly  shovelled  earth  over  this  impromptu  sieve. 
When  the  pots  were  filled  with  siftings,  they  were 
carried  to  the  river,  where  they  were  cr.refully  sub- 
merged, and  the  contents  were  stirred  about  witii 
sticks.  The  light  earth  was  thus  flowed  over  the  | 
rims  of  the  pots.  The  residue  was  then  dried,  and 
the  lighter  sand  was  blown  away.  The  result  was 
gold,  though  of  course  with  a  strong  mixture  o.' 
foreign  substance.     The  pan  miners  soon  follo'ved: 


iirk 

in 
sly. 
ual 

of 
avs 
tlcn 

an 
rik- 

ri.e 

the 

lods 
'ceil 
l.slv 
tner 

L'VC. 

iuh- 
vith 
the 
and 
was 
e  oi 
ved: 


THE  DIGGINGS  109 

and  the  cradle  or  rocker  with  its  riffle-hoard  was 
not  long  delayed.  The  digging  was  free.  At  first 
it  was  supposed  that  a  new  holding  should  not  be 
started  within  fifteen  feet  of  one  already  in  oper- 
ation. Later,  claims  of  a  definite  size  were 
established.  A  camp,  however,  made  its  own  laws 
in  regard  to  this  and  other  matters. 

Most   of  the   would-he   nn'ners   at  first   rather 
expected  to  find  gold  lying  on  the  surface  of  the 
earth,  and  were  very  much  disappointed  to  learn 
that  they  actually  had  to  dig  for  it.     Moreover, 
digging   in   the   boulders   and   gravel,   under   the 
terrific  heat  of  the  California  sun  in  nu'dsummer, 
was  none  too  easy;  and  no  nia."       '  -     rich  the 
diggings  averaged  — short  of  an  actual    onanza  — 
the  miner  was  disappointed  in  his  expectations. 
One  man  is  reported  saying:  "They  tell  me  I  can 
easily  make  there  eleven  hundred  dollars  a  day. 
You  know  I  am  not  easily  moved  by  such  report's. 
I  shall  be  satisfied  if  I  make  three  hundred  dollars 
per  day. "     Travelers  of  the  time  comment  on  the 
contrast    between    the    returning   stream    of   dis- 
couraged and  disgruntled  men  and  the  cheerfulness 
of  the  lot   actually   digging.     Xobody   had    any 
scientific  system  to  go  on.     Often  a  divining-rod 
was  employed  to  determine  where  to  dig.     Many 


110  THE  FORTV-NINERS 

stories  were  current  of  accidental  finds;  as  when 
one  man,  tiring  of  waiting  for  his  dog  to  get  throu^^'li 
digging  out  a  ground  squirrel,  pulled  the  animal 
out  by  the  tail,  and  with  it  a  large  nugget.  An- 
other story  is  told  of  a  sailor  who  asked  sonn' 
miners  resting  at  noon  where  he  could  dig  and  as  a 
joke  was  directed  to  a  most  improbable  side  hill 
He  obeyed  the  advice,  and  uncovered  a  rich 
pocket.  With  such  things  actually  happening, 
naturally  it  followed  that  every  report  of  a  real  or 
rumored  strike  set  the  miners  crazy.  Even  tho-sc 
who  had  good  claims  always  suspected  that 
they  might  do  better  elsewhere.  It  is  significant 
that  the  miners  of  that  day,  like  hunters,  always 
had  the  notion  that  they  had  come  out  to  Cali- 
fornia just  one  trip  too  late  for  the  best  pickings. 
The  physical  life  was  very  hard,  and  it  is  no 
wonder  that  the  stragglers  back  from  the  minos 
increased  in  numbers  as  time  went  on.  It  was  a 
true  case  of  survival  of  the  fittest.  Those  who 
remained  and  became  professional  miners  were  the 
hardiest,  most  optimistic,  and  mu^^t  persistent  of 
the  population.  The  mere  physical  labor  was 
very  severe.  Any  one  not  raised  as  a  day  laborer 
who  has  tried  to  do  a  hard  day's  work  in  a  new 
garden    can    understand    what   pick    and    shovel 


TIIK  Dir.CJIXGS  111 

digging   in    the   hotloins   of   gravel    and    boulder 
streams  can  mean.     Add  to  this  the  fact  that  everv 
man    overworked   In'mseH'  under   the  pressure    of 
excitement;  that  he  was  up  to  his  waist  in  the  coUI 
water  from  the  Sierra  snows,  with  his  Iiead  exposed 
at  the  same  time  to  the  tremenchjus  heat  of  the 
California  sun;  throw  in  for  good  measure  that  he 
generally  cooked  for  himself,  and   '.liat  ln"s  food 
was  coarse  and  badly  i)repared;  and  that  in  his 
own  mind  he  had  no  time  to  attend  to  the  ordinary 
comforts   and   decencies   of  life.     I^   can   well   he 
imagined  that  a  man  physically  unfit  must  soon 
succumb.     But    those    who    survived    seemed    to 
thrive  on  these  hardships. 

California  camps  by  their  very  quaint  and 
whimsical  names  bear  testimony  to  the  over- 
flowing good  humor  and  high  spirits  of  the  early 
miners.  Xo  one  took  anything  too  seriously,  not 
even  his  own  success  or  failure.  The  very  liard- 
ness  of  the  life  cultivated  an  ability  to  snatch 
]oy  from  the  smallest  incident.  Some  of  the 
joking  was  a  little  rough,  as  when  some  merry 
jester  poured  alcohol  over  a  bully's  head,  touched 
a  match  to  it,  and  chased  him  out  of  camp  yelling, 
•Man  on  fire  — put  him  out!"  It  is  evident 
lliat  the  time  was  not  one  for  men  of  very  refined 


112  THE  FORTY-NINERS 

or    sensitive    nature,    unless    they    possessed    at 
l')ttoni   the   strong    iron   of   character.     Tlie   ill- 
balanced  were  swept  away  by  the  current  of  exciti  - 
ment,    and    fell    readily    into    dissipation.     Tin- 
pleasures  were  rude;  the  life  was  liearty;  vices 
unknown  to  their  possessors  came  to  the  surface. 
The  most  significant  tendency,  and  one  that  luid 
much  to  do  with  later  social  and  political  life  in 
California,  was  the  leveling  eflPect  of  just  this  lianl 
physical  labor.     The  man  with  a  strong  back  and 
the  most  persistent  spirit  was  the  superior  of  the 
man    with   education   but   with   weaker  musclo. 
Each  man,  finding  every  other  man  compelled  to 
labor,  was  on  a  social  e(iuality  with  the  best.    The 
usual  superiority  of  head-workers  over  hand-work- 
ers  disappeared.     The  low-grade   man   thus   felt 
himself  the  equal,  if  not  the  superior,  of  any  one 
else  on  earth,  especially  as  he  was  generally  able  tu 
put  his  hand  on  what  were  to  him  comparative 
riches.     The    pride    of    employment    disappeared 
completely.     It  was  just  as  honorable  to  be  a  cook 
or  a  waiter  in  a  restaurant  as  to  dispense  the  law, 
—  where  there  was  any.     The  period  was  brief,  hut 
while  it  lasted,  it  produced  a  true  social  democ- 
racy.    Nor  was  there  any  pretense  about  it.      The 
rudest  miner  was  on  a  plane  of  perfect  equality 


THE  DIGGINGS  ng 

ulth  lawyers,  iiuTclianf.s,  or  professional  men. 
<ome  men  dressed  in  the  very  j.eife'ht  of  style, 
decking  themselves  out  v.itli  all  tlie  nu'mite  c-are 
of  a  dandy;  otliers  were  not  ashamed  of,  nor  did 
tl.ey  ()bj(>ct  to  heing  seen  in,  ragged  garments. 
No  man  could  be  told  by  his  dress. 

The  great  day  of  days  in  a  nn'ning-camp  was 
Sunday.     Some  over-entiiusiastic  fortune-seekers 
worked   the  diggings  also  on   that  day;  but   by 
K'eneral    consent  — uninfluenced,    it    may    be    re- 
marked, by  religious  considerations  — the  miners 
ropjiired  to  their  little  town  for  amusement  and 
relaxation.     These   little   towns   were   almost    all 
alike.    There  were  usually  two  or  three  combined 
hotels,  saloons,  and  gambling-houses,  built  of  logs, 
uf  slabs,  of  canvas,  or  of  a  combination  of  the 
three.     There     was     one    store    that     dispensed 
whiskey  as  well  as  dryer  goods,  and  one  or  two 
large  places  of  amusement.     On  Sunday  every- 
thing went  full  blast.     The  streets  were  crowded 
with  men;  the  saloons  were  well  patronized;  the 
gambling  games  ran  all  day  and  late  into  the  night. 
Wrestling-matches,   jumping-matches,  other   ath- 
kic   te.as,   horse-races,    lotteries,    fortune-telling, 
>inging,  anything  to  get  a  pinch  or  two  of  the  dust 
out  of  the  goor'  natured  miners  — all  these  were 

3 


114  THE  forty-nim:us 

going  strong.     The  Anicrican,  Kngli.sh,  and  otln  r 
continentals  mingled   freely,  with  the  except i..ii 
of  the  French,  who  kept  to  themselves.     Succ<>^ 
ful   (lermans  or  Hollanders  of  the   more  stupid 
class  ran  so  true  to  type  and  were  so  numerous 
that  they   earned   the  generic   luune  of   "Dutdi 
Charley."     They  have  been  described  as  moon- 
faced, bland,  bullet-headed  men,  with  walrus  mous- 
taches, and  fatuous,  placid  smiles.     Value  mciiiit 
nothing  to  them.     They  orly  knew  the  differtnA 
between  having  money   and   having   no   money, 
They  carried  two  or  three  gold  watches  at  the  tiid 
of  long  home-made  chains  of  gold  nuggets  fasteind 
together  with  links  of  copper  wire.     The  chiiiii- 
were  sometimes  looped  about    their  necks,  thtir 
shoulders,  and  waists,  and  even  hung  down  in  loiii.' 
festoons.     When  two  or  three  such  D"tch  ChJ^^l('^^ 
inhabited  one  camp,  they  became  deadly  ri\;il' 
in  this  childlike  display,  i)ara(ling  slowly  up  and 
down  the  street,  casting  malevolent  glances  at  cadi 
other  as  they   passed.     Shoals   of  phrenolo^i>f>. 
fortune-tellers,  and    the    like,   generally    drunktn 
old  reprobates  on  their  last  legs,  plied  their  tradtv 
One  artist,  giving  out  under  the  physical  hdv!- 
of  mining,  built  up  a  remarkably  profitable  trad* 
in  sketching  portraits.     Incidentally  he  had  to  p;iy 


her 


THK  Dir.GINT.S  1,.-, 

two  dollars  and  a  half  for  every  pure  of  paper! 
John  Kelly,  a  wandering'  minstrel  witli  a  violin, 
Ixranie  celehrale.l  an.on^  (he  camps,  and  was 
irreeted  with  enfiiusiasm  wlierever  he  api)ear.'d. 
He  prolvbly  ma(K'  in.)re  with  his  fiihlle  llian  he 
could  have  made  with  his  shovel.  The  influence 
uf  the  "forty-two  caliber  whiskey"  was  dire,  and 
towards  the  end  of  Sunday  t  le  sports  hecame 
pretty  rough. 

This  day  was  also  considered  the  time  for  the 
trial  of  any  cases  that  had  anV  -n  during  the  week. 
The  miners  elected  one  of  their  nun.ber  to  act  as 
presiding  judge  in  a  "miners'  meeting."     Justice 
'.vas  dealt  out  by   this  man,   either  on   his  own 
authority  with  the  approval  of  the  crowd,  or  by 
popular  vote.     Disi)utes  about  property  were  ad- 
judicated  as   well  as  offenses  against  the  crin.itial 
mh\     Thus  a  body  of  precedent  was  slowly  built 
up.     A  new  case  before  the  alcahle  of  Ilangtown 
was  often  decided  on  the  basis  of  the  procedure  at 
(irub   Gulch.     The  decisions   were    characterized 
!)y   direct    common    sense.      It    would    })e    most 
interesting  to  give  adequate  examples  here,  but 
^^pace  forbids.     Suffice  it  to  say  that  a  Mexican 
horse-thief   was   convicted  and  severely  flogged; 
and  then  a  collection  was  taken  up  for  him  on 


no  THE  FORTY-MNKRS 

tlu'  ground  that  lit-  wns  on  ihv  wholf  unfortutialt ' 
A  thit'f  apprchendc'd  on  a  sti'aiijlK)al  was  punislu  i| 
by  a  lu-avy  fine  for  the  benefit  of  a  sick  man  on 
board. 

SiUKhiy  evening  usually  ended  by  u  dance.  As 
women  were  entirely  lacking  at  first,  a  proporticm 
of  the  men  was  told  t)ff  to  represent  the  fair  ><\. 
At  one  camp  the  invariable  rule  was  to  consiMcr 
as  ladies  those  who  possessed  patches  on  the  seiit> 
of  their  trousers.  This  was  the  distinguishing: 
mark.  Take  it  all  amund,  the  day  was  one  ol 
noisy,  g(X)d-hunioreu  lun.  There  was  very  liUl.- 
sodden  drunktmness,  and  the  miners  went  biick 
to  their  work  on  Monday  morning  with  freshened 
spirits.  Probably  just  this  sort  of  irresponsil)K' 
ebullition  was  necessary  to  balance  the  hardnt'» 
of  i'.>'  life. 

In  each  mining-town  was  at  least  one  Yanku 
storekeeper.  lie  made  the  real  profits  of  I  Ik 
mines.  His  buying  ability  was  considerable;  hi> 
buying  power  was  often  limited  by  what  he  could 
get  hold  of  at  the  coast  and  what  he  could  tr;iiiv- 
port  to  the  camps.  Often  his  consignments  were 
quite  arbitrary  and  not  at  all  what  he  ordered. 
The  story  is  told  of  one  man  who  received  wliiit, 
to   judge   by    the   smell,   he   thought   was   tlim 


Ill 


117 


THE  nir.r.iNGs 

barrels  of  spoiled  h,vf.  Throwi,,^.  thrn.  cut  in 
Hk'  Lack  way,  Ir-  was  inttTcstf,!  a  few  <lays  later 
'•»  Hrul  ho  l.ad  actiuired  a  rapidly  increasing  fl.K-k 
of  Oern.an  scavcnKcrs.  They  seenu.l  to  »,e  invest  i- 
a-^dmg  the  Imrnls  and  carrying  away  the  spoiled 
'»<'at.  When  the  l.arrels  were  about  eniptv,  the 
storekeeper  learned  that  the  supposed  n.eai  was  in 
nahty  sauerkraut! 

The  outstanding  fact  about  these  camps  was 
tl'at    they    possessed    no    solidarity.     Each    man 
.•VF>octe<l    to  exploit    the   diggings    and    then   to 
<lq>art    for   more    congenial    climes.     IIo    wished 
t"   undertake  just   as   little    responsil.ilitv    as    he 
ix'ss.hly    could.     With    so-calU-d    private    affairs 
other  than  his  own  he  would  have  nothing  to  do 
llie  term  private  affairs  was  very  elastic,  stretch- 
ing  often    to    cover   even    cool-blooded    murder. 
^\hm  n.atters  arose  affecting  the  whole  public  wel- 
fare in  which  he  himself  might  possibly  become  in- 
l^rested,  he  was  roused  to  the  point  of  adnunistc^ing 
j>'^tice.     The  punishments  meted  out  were  fines, 
k'ging,  banishment,  and,  as  a  last  resort,  lynch-' 
i"g.     Theft  was  considered  a  worse  offense  than 
l^'"'ng.     As  the  mines  began  to  fill  up  with  the 
"lore  desperate  characters   who  arrived  in   1850 
"nd  1851,  the  necessity  for  government  increased. 


^X'^li 


r^v 


118  THE  FORTY-NINERS 

At  this  time,  but  after  the  levehng  effect  of  uni- 
versal labor  had  had  its  full  effect,  the  men  of 
personality,  of  force  and  influence,  began  to  conic 
to  the  front.  A  fresh  aristocracy  of  ability ,  nf  in- 
fluence,  of  character  was  created. 


Lini- 
i  <.f 

31110 

in- 


} 


CHAPTER  IX 

THE    IRBAX  FOHTY-XINER 

I.N  popular  estimation  tin-  interest  and  romance  of 
:!k'  Forty-niners  center  in  gold  and  nn'ne.s.  To 
Ihe  close  student,  liowever,  tlie  true  significance 

1  I  heir  lives  is  to  he  found  even  more  in  the  city 
of  San  Francisco. 

At    first   practically   everybody   came   to   Cali- 
fornia under  the  excitement  of  the  gold  rush  and 
uith  the  intention  of  having  at  least  one  try  at  the 
mines.     But    though   gold    was    to   be   f(Mmd    in 
iuiprecedented  abundance,  the  getting  of  it  was  at 
Hst  extremely   hard   work.     A[(>n  fell   sick   both 
in  body  and   spirit.      They  became  discouraged. 
Extravagance  of  hope  often  resulted,  by  reaction, 
n  an  equal  exaggeration  of  despair.      The  prices' 
f  everything  were  very  high.     The  cost  of  medi- 
(il    attendance    was    almost    prohibitory.     Men 
onetimes  made  large  daily  sums  in  the  placers; 
)iit  necessary  expenses  reduced  their  net  income  tc' 

119 


.^LAi^J. 


120  THE  FORTY-XIXERS 

small  wages.     Ryan  gives  this  account  of  an  inter- 
view  with  a  returning  miner:  "lie  read  ly  entend 
into  conversation  arnl  informed  us  that  he  had 
passed  the  summe-  at  the  mines  where  the  exces- 
sive heat  dv  mg  the  day,  and  the  dampness  of  the 
ground  where  the  gold  washing  is  performed,  to- 
gether with  privation  and  fatigue,  had  brought  on 
fever  and  ague  which  nearly  proved  fatal  to  him. 
He  had  frequently  given  an  ounce  of  gold  for  Hit' 
visit  of  a  medical  man,  and  on  several  occasions 
had  paid  two  and  even  three  ounces  for  a  sin^dr 
dose  of  medicine.     He  showed  us  a  pair  of  shoo, 
nearly  worn  out,  for  which  he  had  paid  twenty- 
four  dollars. "     Later  Ryan  says:  "Only  such  nun 
as  can  endure  the  hardship  and  privation  incidni- 
tal  to  life  in  the  mines  are  likely  to  make  '    tuiu^ 
by  digging  for  the  ore.     I  am  une(iual  tc  a>k 

...  I  think  I  could  within  an  hour  assi'ml)l('  in 
this  very  place  from  twenty  to  thirty  individuaN 
of  my  own  acquaintance  who  had  all  told  the  saiiH 
story.  They  were  thoroughly  dissatisfied  and 
disgusted  with  their  experiment  in  the  gold  coun- 
try. The  truth  of  the  matter  is  that  only  traoor- 
speculators,  and  gamblers  make  large  fortunes.' 
Only  rarely  did  men  of  cool  enough  heads  and 
far  enough  sight  eschew  from  the  very  beginning' 


THE  URIJAX  FORTV-XINER  1>1 

all  notion  of  getting'  rich  (luickly  in  tlio  placers, 
and  deliberately  settle  down  to  make  their  for- 
tunes in  other  wavs. 

This  conclusion  of  Ryan's   throws,  of  course, 
rather  too  dark   a  tone  over   the  picture.     The 
"hardy  miner"  was  a  reality,  and  the  life  in  the 
placers  was,  to  such  as  he,  profitable  and  pleasant. 
However,  this  point  of  view  had  its  influence  in 
turning  back  froai  the  nn'nes  a  very  large  propor- 
tion of  those  who  first  went  in.     Many  of  them 
drifted  into  mercantile  pursuits.     Harlan  tells  us: 
"During  my  sojourn  in  Stockton  I  mixed  freely 
with    the   returning   and    disgusted    miners    from 
whom  I  learned  that  they  were  selling  their  min- 
ing implements  at  ruinously  low  prices.     An  idea 
struck   me  one   day  which   I   inmiediately   acted 
upon  for  fear  that   another  nu'ght  strike  in  the 
same  ])lace  and  cause  an  ex[)Iosion.     The  heaven- 
l)()rn  idea  that  had  penetrated  my  cranium  was 
this:  start  in  the  mercantile  line,  purchase  the  kits 
and  implements  of  the  returning  nu'ners  at  low- 
figures  and  sell  to  the  greenhorns  en  route  to  the 
mines    at    California    prices."     In    this    manner 
innumerable  occupations  supplying   the  obvious 
needs  were  taken  up  by  many  returned  miners.      \ 
certain  proportion  drifted  to  crime  or  shady  dc 


122  THE  FORTY-NINERS 

vices,  but  ilie  large  majority  returned  to  San 
Francisco,  whence  tliey  either  went  home  com- 
pletely discouraged,  or  with  renewed  energy 
and  better-applied  ability  look  hold  of  the  des- 
tinies of  the  new  city.  Thus  another  sort  of 
Forty-niner  became  in  his  way  as  significant  and 
strong,  as  effective  and  as  romantic  as  his  brother, 
the  red-shirted  Forty-niner  of  the  diggings. 

But  in  addition  to  the  miners  who  had  made 
their  stakes,  who  had  given  up  the  idea  of  mining, 
or  v.ho  were  merely  waiting  for  the  winter's  rains 
to  be  over  to  go  back  again  to  the  diggings,  an  ever 
increasing  immigration  was  coming  to  San  Fran- 
cisco with  the  sole  idra  of  settling  in  that  place. 
All  classes  of  men  were  represented.  Many  of  the 
big  mercantile  establishments  of  the  East  were 
sending  out  their  agents.  Independent  merclumts 
sought  the  rewards  of  speculation.  Gamblers  also 
perceived  opportunities  for  big  killings.  Pro- 
fessional politicians  and  cheap  lawyers,  largel> 
from  the  Scuthern  States,  unfortunately  also 
saw  their  chance  to  obtain  standing  in  a  new 
community,  having  lost  all  standing  in  their  own. 
The  result  of  the  mixing  of  these  various  chemical 
elements  of  society  was  an  extraordinary  boiling 
and  bubbling. 


^ii^__ 


THE  VRBAX  FORTV-NIXER  i-2;j 

^\]\en    CoininaTulcr    Mont^'omory    h«)ist<'(I    tlie 
Amorican  flag  in  1S4«,  the  town  of  Yerha  lUiona, 
as  San  Francisco  was  called,  had  a  i)oi)ulati()n  of 
about  two  liundrcd.     Before  the  discovery  of  gold 
it    developed    under    the    influence    of   American 
enterprise  normally  and  rationally  into  a  prosper- 
ous littl^^  town   with  two  hotels,   a   few  private 
dwellings,    and    two    wharves    in    the   j)rocess   of 
construction.     :Merchants  had  established    them- 
selves   with    connections    in    the   Eastern  States, 
in  Great  Britain,  and  South  America.     Just  be- 
fore the  discovery  of   gold    the   population   had 
increased  to  eight  hundred  and  twelve. 

The  news  of  the  i)lacers  practically  emi)tied 
the  town.  It  would  be  .'urious  to  know  exactlv 
how  many  human  souls  and  chickens  remained 
after  Brannan's  California  Star  published  the 
authentic  news.  The  connnonest  necessary  activi- 
ties were  utterly  neglected,  shops  were  closed 
and  barricaded,  merchandise  was  left  rott.'ng 
on  the  wharves  and  the  beaches,  and  the  prices 
of  necessities  rose  to  tremendous  altitudes.  The 
place  looked  as  a  deserted  mining-camp  does  now. 
The  few  men  left  who  would  wo,,  wanted  ten  or 
even  twenty  dollars  a  day  for  the  commonest 
labor. 


124  THE  FORTV-MNKRS 

However,  the  early  pioneers  were  hard-headed 
citizens.  Many  (if  the  shopkeepers  and  mer- 
chants, after  a  short  experience  of  the  mines, 
Imrried  back  1o  make  the  inevitahle  fortune  that 
nmst  come  to  the  midcUeman  in  these  extraordi- 
nary times.  Within  the  first  eight  weeks  of  the  gold 
excitement  two  hundred  and  fifty  thousand  dollars 
in  gold  dust  reached  San  Francisco,  and  within 
the  following  eight  weeks  six  hundred  thousand 
dollars  more  came  in.  All  of  this  was  to  purchase 
supplies  at  any  price  for  the  miners. 

This  was  in  the  latter  days  of  1848.  In  the  first 
part  of  1849  the  immigrants  began  to  arrive. 
They  had  to  have  places  to  sleep,  things  to  eat, 
transportation  to  the  diggings,  outfits  of  various 
sorts.  In  the  first  six  months  of  1849  ten  thou- 
sand people  piled  down  upon  the  little  city  built 
to  accommodate  eight  hundred.  And  the  last  six 
months  of  the  year  were  still  more  extraordinary, 
as  some  thirty  thousand  more  dumped  themselves 
on  the  chaos  of  the  first  immigration.  The  result 
can  be  imagined.  The  city  was  mainly  of  canvas 
either  in  the  form  of  tents  or  of  crude  canvas  and 
wooden  houses.  The  few  substantial  buildings 
stood  like  rocks  in  a  tossing  sea.  No  attempt, 
of  course,  liad  been  made  as  yet  toward  public 


THE  IRHAN  FOHTV-XIXKR 


h2r> 


i 

I 

I 


iinprovi'inriits.  TIr-  stm-t.s  were  anklr-dt'cp  h) 
(lust  or  nec'k-dcq)  in  imid.  A  great  smokr  of  du^t 
hung  perpotiially  ovt-r  tlic  city,  raisfd  hy  flu-  trade 
winds  of  the  afterno  n.  Hundreds  of  ships  lay  at 
anchor  in  the  harhor.  Th(>y  had  been  deserted  hy 
their  crews,  and,  befor."  tliey  could  be  re-niarnied, 
the  faster  clipper  slnps,  built  to  control  the 
fluctuating  western  trade,  had  displaced  them, 
so  that  the  majority  were  fated  never  again  to 
j)ut  to  sea. 

Newcomers  landed  at  first  on  a  flat  beach  of 
deep  black  sand,  where  they  generally  left  their 
personal  effects  for  lack  of  meaii  s  of  transportation. 
They  climbed  to  a  ragged   thoroughfare  of  open 
sheds  and  ramshackle  buildings,  most  of  them  in 
the  course  of  construction.     Beneath  crude  shel- 
ters of  all  sorts  and  in  great  quant  it  i(\s  were  goods 
l)rcught   in   hastily   by   eager   sjjeculators   on   the 
high    prices.     The    four    hundred    deserted    ships 
lying  at  anchor  in  the  harbor  had  dumped  down 
on  the  new  community  the  most  ridiculous  assort- 
ment of  necessities  and  luxuries,  such  as  calico, 
silk,  rich  furniture,  mirrors,  knock-down  houses, 
cases   and   cases   of    tobacco,   clothing,   statuary, 
mining-implements,  provisions,  and  the  like. 
The   hotels    and    lodging    houses    immediately 


12n  THE  FORTY-XIXERS 

IjccaiiK'  wry  nunu-rous.  Tliough  they  were  in 
reality  only  overcrowded  l)unk-liouses,  the  nio>l 
en(»rinous  prices  were  cliarged  for  beiJs  in  tlicni. 
I\'opU'  lay  ten  or  tw<  ify  in  a  single  room  —  in  row 
after  row  of  cots,  in  hunks,  or  on  the  floor.  Be- 
tween the  discomfort  of  hard  beds,  fleas,  and  over- 
crowding, the  entire  poi)ulace  sj)ent  most  of  its 
time  on  the  street  or  in  the  saloons  and  gambling- 
houses.  As  some  one  has  pointed  out,  this  custom 
added  greatly  to  the  ai)parent  population  of  the 
place.  Gambling  was  the  gaudiest,  the  best- 
paying,  and  the  most  patronized  industry.  It 
occupied  the  largest  structures,  and  it  probably  im- 
ported and  installed  the  first  luxuries.  Of  these 
resorts  the  EI  Dorado  became  the  most  famous. 
It  occupied  at  first  a  large  tent  but  soon  found 
itself  forced  to  mjve  to  better  quarters.  The 
rents  paid  for  buildings  were  enormous.  Three 
thousand  dollars  a  month  in  advance  was  c)  irged 
for  a  single  small  store  made  of  rough  board  5.  A 
two-story  frame  building  on  Kearny  Street  near 
the  Plaza  paid  its  owners  a  hundred  and  twenty 
thousand  dollars  a  year  rent.  The  tent  containing 
the  El  Dorado  gambling  saloon  was  rented  for 
forty  thousand  dollars  a  year.  The  prices  sky- 
rocketed still   higher.      Miners    paid  as    high  as 


TIIK  rRRVX  FORTV-MXER  127 

two  liundred  dollars  for  jin  ordinary  ^^old  rocker, 
fifteen  or  twenty  dollars  for  a  pick,  the  san.e 
for  a  .shovel,  and  so  forth.  A  copper  coin  was 
considered  a  curiosity,  a  half-dollar  was  tiic  nu"ni- 
niuni  lip  for  any  small  service,  twenty-five  cents 
was  the  smallest  coin  in  circulation,  and  the  least 
price  for  which  anything  could  be  sold.  Bread 
came  to  fifty  cents  a  loaf.  Good  boots  were  a 
hundred  dollars. 

Affairs    moved    very    swiftly.     A    month    was 
the  unit  of  time.     Nobody  made  bargains  for  more 
than  a  n;onth  in  advance.      Interest  w;.y  charged 
on    money    by    the    month.     Indeed,    conditions 
changed  so  fast  that  no  man  pretended  to  estimate 
them  beyond  thirty  days  ahead,  and   to  do  vwn 
that  was  considered  rather  a  gamble.      Real  estate 
joined    the   parade   of   advance.     Little   holes   in 
sand-hills    sold    for    fabulous    i)rices.      The    sick, 
destitute,    and    discouraged    were   subm<>rged    be- 
neath the  mounting  tide  of  vigorous  optimism  that 
bore   on    its   crest    the  strong  and  able  members 
of  the  community.     Every   one   either   was  rich 
or  expected  soon  to  be  so.     Opportunity  awaited 
every  man  at  every  corner.     :Men  who  knew  liow 
to  take  advantage  of  fortune's  gifts  were  assured 
of  immediate  high  returns.     Tliose  witli  capital 


W8 


THE  FORTV-MNEUS 


were,  of  course,  cnabK'tl  to  take  advanta^t  of 
the  opportunities  more  (piiekly;  hut  the  inp'Mi()u> 
mind  saw  its  chances  even  with  nothing  u>  start  on. 

One  man,  who  hin(K'(l  broke  but  who  possessed 
two  or  three  dozen  ohl  newspapers  used  as  packing, 
sokl  them  at  a  dollar  and  two  dollars  a])iece  and  so 
made  his  start.  Another  immigrant  with  a  few 
packages  of  ordinary  tin  tacks  exchangetl  them 
with  a  man  engaged  in  putting  up  a  canvas  houx 
for  their  exact  weiglit  in  gold  dust.  Harlan  tell> 
of  walking  along  the  shore  of  Happy  Valley  and 
finding  it  lined  with  discarded  pickle  jars  and 
bottles.  Remembering  the  high  j)rice  of  picklo 
in  San  Francisco,  he  gathered  up  several  hundred 
of  them,  bought  a  barrel  of  cider  vinegar  from  a 
newly-arrived  vessel,  collected  a  lot  of  cucumbers, 
and  started  a  bottling  works.  Before  night,  lie 
said,  he  had  cleared  ov  *hree  hundred  dollars. 
With  this  he  made  a  corner  in  tobacco  pipes  by 
which  he  realized  one  hundred  and  fifty  dollars 
in  twenty-four  hours. 

Mail  was  distributed  soon  after  the  arrival  of 
the  mail-steamer.  The  indigent  would  often  sit 
up  a  day  or  so  before  the  expected  arrival  of  the 
mail-steamer  holding  places  in  line  at  the  post- 
office.     They  expected  no  letters  but  could  sell 


THE  TRHAN  FORI  ^ -MXKR 


.)<; 


the  advjinfji^'coiis  posilions  for  lii^'li  pnVrs  wlu-n 
tlu'  mail  achially  arrivo.l.  lie  was  a  poor-splrllcl 
man  indivd  who  hy  those  and  many  oihcr 
("(jually  piffuresque  nirans  could  not  raisi-  liis  ^'old 
shig  in  a  n'asonal)l('  time;  and,  r)osscsscd  of  fifty 
dollars,  he  was  an  independent  citizen.  He  could 
increase  his  capital  hy  interest  compounded  every 
(lay,  provided  he  used  his  wits;  or  for  a  brief  span 
of  glory  he  could  live  with  the  best  of  them.  A 
story  is  told  of  a  new-come  traveler  offering  a 
small  l)oy  fifty  cents  to  carry  his  valise  to  the 
hotel.  The  urchin  looked  with  contem[)t  at  the 
coin,  fished  out  two  fifty -cent  pieces,  handed  them 
to  the  owner  of  the  valise,  saying  "Here'.s  a  dollar; 
c;irry  it  yourself." 

One  John  A.  McGlynn  arrived  witliout  assets. 
He  appreciated  the  opjwrtui.ity  for  ordinary  team- 
ing, and  hitching  California  mules  to  th(>  only  and 
exceedingly  decrepit  wagon  to  be  found  he  started 
in  business.  Possessing  a  monopoly,  he  charged 
what  he  pleased,  so  that  within  a  short  time  he 
had  driving  for  him  u  New  York  lawyer,  whom  he 
paid  a  hundred  and  seventy-five  dollars  a  month. 
His  outfit  was  magnificent.  When  somebody 
joked  with  him  about  his  legal  talent,  he  replied, 
"The  whole  business  of  a  lawyer  is  to  know  hew 


l.'JO  TIIK  FORTV-NINERS 

lo  iiuma^c  luiilcs  ami  a.sst's  so  as  to  make  tlioiii 
pay."  Wluri  williiii  a  nuuilli  plenty  of  wa^'oiii 
wt'iv  ifiiporlt'd,  M('(ilyiiii  had  so  wril  t'stal)li>li('<l 
liliusilf  and  posscsst-d  so  mucli  cliaraclcr  that  \iv 
btfainc  cr  officio  lh<*  head  of  the  iii(hi.>try.  II. 
was  cvidt'iiily  a  man  of  ^Tcal  and  soHd  st-nsc  ami 
•vvas  looked  up  to  a>  oik*  of  tlic  leading'  ('ilizens. 

Kvcrv  human  nctrssitN  was  crviuL'  out  for  it> 
ordinary  convcmenccs.  I'lu'ro  were  no  streot> 
tliiTr  wore  no  hotels,  there  were  no  lodginf^-house>. 
there  were  no  warehouses,  there  were  no  slore>. 
lliere  was  no  water,  there  was  no  fueh  Any  oii< 
who  eouM  improvise  anything,',  even  a  l)are  suhsti 
tute,  to  satisfy  any  of  these  needs,  was  sure  of 
immense  returns.  In  addition,  the  [Jopuhicr 
was  so  l)us\  — so  overwhehniuLflN'  l)Us\-  —  with  il^ 
own  aiTairs  that  it  hterally  could  not  spare  a 
moment  lo  j^overn  itself.  The  professional  a;.il 
daring  I)<)liticians  never  had  a  clearer  field.  They 
went  lo  extraordinary  lengtlis  in  all  sorts  of  graft- 
iui^,  in  the  sale  of  public  real  estate,  in  every  "she- 
nanigan "  known  to  skillful  low-grade  politicians. 
Only  occasionally  did  they  go  too  far,  as  when,  in 

di<i<»n     to     votini'     themselves     salaries     of    six 


a< 


Idi 


[ing 


thousand  dollars  apiece  as  aldermen,  they  coolly 
voted  themselves  also  gold  medals  to  the  value  of 


TIIK  IRIUX  FORI^-NINKR  VM 

ono  humited  ami  fiflv  dolLirs  api.c-  "fur  pi.Mic 
and  I'xfra  sorvict's. "  'Vhvu  \hv  drh-riniiu-d  citi- 
ztTis  took  an  hour  off  for  the  (((un,  il  cliainlK-rs. 
The  nu'dals  were  oast  into  flu-  nMlliii^'-j)ot. 

All   writers  a^'rn\    In    their   nic-moir.s,   tlial    tiie 
threat  impression  left  on  the  mind  hy  San  Fran- 
cisco was  its  extreme  husyness.     'i'lu-  .slreel>  were 
always  crannned  full  of  jH-ople  runm'ng  and  darting' 
In  all  directions.     It  was,  indeed,  a  hetero^'.-tieous 
mixture.     Not  only  did  the  Caucasian  >how  him- 
self in  every  extreme  of  c.  ;»ume,  from  the  most 
exquisite    to|)-hatte(l    dandy    to    the    red-shirted 
miner,   hut   there   were  also   to  he  f(.un<l   all   the 
picturesque    and    unknown    r.ices    of    the    earth, 
the  Chinese,  the  Chileno,  the  ^[oor.  the  Turk,  the 
Mexican,  the  Spanish,  the  Islander,  not  to  sp<>ak  of 
ordinary  foreifrners  from  Russia,  Kn^dand.  France, 
IJel^dum,  Ct-rmany,  Italy,  and  the  out-of-lhe-way 
corners    of    Fawope.     All    tlnvsc    jxoph^    had    tre- 
mendous affairs  to  finish  in  the  least  i)os>il)h'  time. 
And  every  once   in   a   while  some   individual  on 
liorseback  would  sail  down  the  street  at  full  speed, 
scattering  the  crowd  left  and  right.     If  any  one 
remarked  iluii  the  marauding  individual  .should 
he  shot,  the  excuse  was  alway.^  offered,  "Oh,  well, 
don't  mind  him.     lie's   only   drunk,"   as    if  that 


132  THE  FORTY-NINERS 

excused  everything.  Many  of  the  activities  of  the 
day  also  were  picturesque.  As  there  were  no 
wareliouses  in  which  to  store  goods,  and  as  the  few 
structures  of  the  sort  charged  enormous  rentals, 
it  was  cheaper  to  auction  off  immediately  all 
consignments.  These  auctions  were  then,  and 
remained  for  some  years,  one  of  the  features  of  the 
place.  The  more  pretentious  dealers  kept  brass 
bands  to  attract  the  crowd.  The  returning  miners 
were  numerous  enough  to  patronize  both  these 
men  and  the  cheap  clothing  stores,  and  having 
bought  themselves  new  outfits,  generally  cast  the 
old  ones  into  the  middle  of  the  street.  Water  was 
exceedingly  scarce  and  in  general  demand,  so  that 
laundry  work  was  high.  It  was  the  fashion  of  these 
gentry  to  wear  their  hair  and  beards  long.  They 
sported  red  shirts,  flashy  Chinese  scarves  around 
their  waists,  black  belts  with  silver  buckles,  six- 
shooters  and  bowie-knives,  and  wide  floppy  hats. 
The  business  of  the  day  over,  the  evening  was 
open  for  relaxation.  As  the  hotels  and  lodging- 
houses  were  nothing  but  kennels,  and  very  crowded 
kennels,  it  followed  that  the  entire  population 
gravitated  to  the  saloons  and  gambling  places. 
Some  of  these  were  established  on  a  very  extensive 
scale.     They  had  not  yet  attained  the  magnificence 


THE  URBAN  FORTV-NIXER  V3.i 

of  the  Fifties,  but  it  is  extraordinary  to  realize 
that  within  so  few  months  and  al  such  a  great 
distance  from   civihzation.   the   early  and  enter- 
I>rising  managed  to  take  on  the  trapi)ings  of  lux- 
ury.    Even  thus  early,  plate-glass  mirrors,  expen- 
sive furniture,  the  gaudy,  tremendous  oil  paintings 
peculiar  to  such  dives,  prism  chandeliers,  and  the 
like,  had  made  their  appearance.     Later,  as  will 
be  seen,  these  gambling  dens  presented  an  aspect 
of  barbaric  magnificence,  unique  and  peculiar  to 
the  time  and  place.     In  1849,  however  gorgeous 
the  trappings  might  have  appeared  to  men  long 
deprived  of  ':uch  things,  they  were  of  small  impor- 
tance compared  with  the  games  themselves.     At 
times   the   bets   were   enormous.     Soule   tells   us 
that  as  high   as   twenty   thousand   dollars   were 
risked  on  the  turn  of  one  card.     The  ordinary- 
stake,  however,  was  not  so  large,  from  fifty  cents 
to  five  dollars  being   about   the   usual   amount. 
Even  at  this  the  gamblers  were  well  able  to  pay 
tiie    high    rents.     Quick    action    was    the    word. 
The  tables  were  always  crowded  and  bystanders 
many  deep  waited  to  lay  their  stakes.     Within  a 
year  or  so  the  gambling  resorts  assumed  rather  the 
nature  of  club-rooms,  frequented  by  every  class, 
many  of  whom  had   no  intention  of  gambling. 


^am 


Iii4 


THE  FORTV-NINERS 


IVIcn  met  to  talk,  read  the  newspapers,  write 
letters,  or  perhaps  take  a  turn  at  the  tables.  But 
in  1849  the  fever  of  speculation  held  every  man 
in  its  grip. 

Again  it  nmst  be  noted  how  wide  an  epoch  can 
be  spanned  by  a  month  or  two.  The  year  184" 
was  but  three  hundred  and  sixty-five  dajs  loi. 
and  yet  in  that  space  the  community  of  San  Fran- 
cisco passed  through  several  distinct  phases.  It 
grew  visibly  like  the  stalk  of  a  century  plant. 

Of  public  improvements  there  were  almost 
none.  The  few  that  were  undertaken  sprang  from 
absolute  necessity.  The  town  got  through  the 
summer  season  fairly  well,  but,  as  the  winter  that 
year  proved  to  be  an  unusually  rainy  time,  it 
soon  became  evident  that  something  must  be 
done.  The  streets  became  bottomless  pits  of 
mud.  It  is  stated,  as  plain  and  sober  fact,  that  in 
some  of  the  main  thoroughfares  teams  of  mules 
and  horses  sank  actually  out  of  sight  and  were 
suffocated.  Foot  travel  was  almost  impossible 
unless  across  some  sort  of  causeway.  Lumber 
was  so  expensive  that  it  was  impossible  to  use 
it  for  the  purpose.  Fabulous  quantities  of  goods 
sent  in  by  speculators  loaded  the  market  and 
would  sell  so  low  that  it  was  actually  cheaper  to 


THE  URRAX  FORTY-NIXER  135 

use   bales   of   them    than    to   use   i)lanks.     Tlius 
one  muddy  stretch  was  paved  with  bags  of  Chilean 
flour,  another  with  tierces  of  tobacco,  while  over 
still  another  the  wayfarers  proceeded  on  the  tops 
of  cock  stoves.     These  sank  gradually  in  the  soft 
soil  until  the  tops  were  almost  level  with  the  mud. 
Of  course  one  of  the  firs^  acts  of  the  merry  jester 
was  to  shy  the  stove  lids  off  into  si)a"e.      The 
footing   especially   after   dark   can    be   imagined. 
Crossing  a  street  on  these  things  was  a  perilous 
traverse  watched  with  great  interest  by  spectators 
on  either  s'de.     Often  the  hardy  adventurer,  after 
teetering  for  some  time,  would  with  a  descriptive 
oath  sink  to  his  waist  in  the  slimy  mud.     If  the 
wayfarer  was  drunk  enough,  he  then  proceeded 
to  pelt  his  tormentors  wifh  missiles  of  the  sticky 
slime.     The  good  humor  of  the  conmiunity  saved 
it  from  absolute  despair.     Looked  at  with  cold 
appraising    eye,    the    conditions    were    decidedly 
uncomfortable.     In  addition  there  was  a  grimmer 
side   to   the   picture.     Cholera   and    intermittent 
fever  came,  brought  in  })y  ships  as  well  as  by  over- 
land immigrants,  and  the  death-rate  rose  by  leaps 
and  bounds. 

The  greater  the   hardships   and   obstacles,  the 
liigher  the  spirit  of  the  comnmnity  rose  to  meet 


136  THE  FORTY-NINERS 

them.  In  that  winter  was  born  the  spirit  that  has 
animated  San  Francisco  ever  since,  and  that  so 
nobly  and  cheerfully  met  the  final  great  trial  of 
the  earthquake  and  fire  of  1906. 

About  this  time  an  undesirable  lot  of  immigrants 
began  to  arrive,  especially  from  the  penal  colo- 
nies of  New  South  Wales.  The  criminals  of  the 
Jatter  class  soon  became  known  to  the  populace  as 
"Sydney  Ducks."  They  formed  a  nucleus  for  an 
adventurous,  idle,  pleasure-loving,  dissipated  set 
of  young  sports,  who  organizer!  themselves  into 
a  loose  band  very  much  on  the  order  of  the  East 
Side  gangs  in  New  York  or  the  "hoodlums"  in 
later  San  Francisco,  with  the  exception,  however, 
that  these  young  men  affected  the  most  meticulous 
nicety  in  dress.  They  perfected  in  the  spring; 
of  1849  an  organization  called  the  Regulators, 
announcing  that,  as  there  was  no  regular  police 
force,  they  would  take  it  upon  themselves  to 
protect  the  weak  against  the  strong  and  the  new- 
comer against  the  bunco  man.  Every  Sunday 
they  paraded  the  streets  with  bands  and  banners. 
Having  no  business  in  the  world  to  occupy  them, 
and  holding  a  position  unique  in  the  community, 
the  Regulators  soon  developed  into  practically  a 
band  of  cut-throats  and  robbers,  with  the  object 


THE  URBAX  FORTY-NINER  137 

of  relieving   tliose   too   weak   to  bear  alone  tin 
wei^iii  of  wealth.     The  Regulators,  or  Hounds,  as 
they  soon  came  to  be  called,  had  the  great  wisdom 
to  avoid  the  belligerent  and  resourceful  pioneer. 
They  issued  from  their  headquarters,  a  large  tent 
near  the  Plaza,  every  night.     Armed  with  clubs 
and  pistols,  they  descended  upon  the  settlements 
of  harmless  foreigners  living  near  the  outskirts, 
relieved  them  of  what  gold  dust  they  possessed, 
beat  them  up  by  way  of  warning,  and  returned 
to  headquarters  with  the  consciousness  of  a  duty 
well  done.     The  victims  found  it  of  little  use  to 
appeal  to  the  alcalde,  for  with  the  best  disposition 
in  the  world  the  latter  could  do  nothing  without 
an  adequate  police  force.    The  ordinary  citizen, 
nmch  too  interested  in  his  own  affairs,  merely  took 
precautions  to  preserve  his  own  skin,  avoided  dark 
and  unfrequented  alleyways,  barricaded  his  doors 
and  windows,  and  took  the  rest  out  in  contemptu- 
ous cursing. 

Encouraged  by  this  indifference,  the  Hounds 
naturally  grew  bolder  and  bolder.  They  con- 
sidered they  had  terrorized  the  rest  of  the  com- 
munity, and  they  began  to  put  on  airs  and  swagger 
in  the  usual  manner  of  bullies  everywhere.  On 
Sunday  afternoon  of  July  15,  they  made  a  raid 


138  THE  F0RTV-MM:RS 

on  some  California  ranches  across  the  bay,  osten- 
sibly as  a  picnic  expedition,  returning  triumphant 
and  very  drunk.  For  the  rest  of  the  afternoon 
with  streaming  banners  they  paraded  the  streets, 
discharging  firearms  and  generally  shooting  up  the 
town.  At  dark  they  descended  upon  the  Chilean 
quarters,  tore  down  the  tents,  robbed  the  Chileans, 
beat  many  of  the  men  to  insensibility,  ousted  the 
women,  killed  a  number  who  had  not  already  fled, 
and  returned  to  town  only  the  following  morning. 
This  proved  to  be  the  last  straw.  The  busy 
citizens  dropped  their  own  affairs  for  a  day  and  got 
together  in  a  mass  meeting  at  the  Plaza.  All  work 
was  suspended  and  all  business  houses  were  closed. 
Probably  all  the  inhabitants  in  the  city  with  the 
exception  of  the  Hounds  had  gathered  togetlur. 
Our  old  friend,  Sam  Brannan,  possessing  the  gift 
of  a  fiery  spirit  and  an  arousing  tongue,  addressed 
the  meeting.  A  sum  of  money  was  raised  for 
the  despoiled  foreigners.  An  organization  was 
effected,  and  armed  po.v.sr.s'  were  sent  out  to  arrot 
the  ringleaders.  They  had  little  difficulty.  Many 
left  town  for  foreign  parts  or  for  the  mines,  where 
they  met  an  end  easily  predicted.  Others  were 
condemned  to  various  punishments.  The  Hounds 
were  thoroughly  broken  up  in  an  astonishingly 


TIIK  TRUAX  FORTY-XIXER  yjO 

brief  time.     The  real  significance  of   their  great 
career  is  that  they  called  to  the  attention  of  tlie 
better  chiss  of  citizens  the  necessity  for  at  least  a 
sketchy  form  of  government  and  a  framework  of 
law.     Such  matters  as  city  revenue  were  brought 
up   for    practically    the   first    time.      Gambling- 
houses  were  made  to  pay  a  license.     Real  estate, 
auction  sales,  and  other  licenses  were  also  taxed. 
One  of  the  ships  in  the  harbor  was  drawn  up  on 
shore  and  was  converted  into  a  jail.     A  district- 
attorney    was   elected,    with    an    associate.     The 
whole  municipal  structure  was  still  about  as  rudi- 
mentary as  the  streets  into  which  had  been  thrown 
armfuls  of  brush  in  a  rather  hopeless  attempt  to 
furnish  an  artificial  bottom.     It  was  a  beginning, 
however,  and  men  had  at  last  turned  their  eyes 
even  momentarily  from    their  private  affairs   to 
consider  the  welfare  of  this  unique  society  which 
was  in  the  making. 


CHAPTER  X 


ORDEAL    BY    FIRE 


San  Francisco  in  the  early  years  must  be  con- 
sidered, aside  from  the  interest  of  its  picturesque- 
ness  ai  ^  aside  from  its  astonishing  growth,  as  a 
crucible  of  character.  Men  had  thrown  off  all 
moral  responsibility.  Gambling,  for  example,  was 
a  respectable  amusement.  People  in  every  class 
of  life  frequented  the  gambling;  saloons  openly 
and  without  thought  of  apology.  Men  were  lead- 
ing a  hard  and  vigorous  life;  the  reactions  wen- 
quick;  and  diversions  were  eagerly  seized.  Decent 
women  were  absolutely  lacking,  and  the  women 
of  the  streets  had  as  usual  followed  the  army  of 
invasion.  It  was  not  considered  at  all  out  of  llif 
ordinary  to  frequent  their  company  in  public,  and 
men  walked  with  them  by  day  to  the  scandal  of  no- 
body. There  was  neither  law  nor  restraint.  Must 
men  were  drunk  with  sudden  wealth.  The  battle 
was,  as  ever,  to  the  strong. 

140 


ORDEAL  BV  FIRE  ui 

There   was  every   inducenient   to   indulge   the 
I)er.sonuI  side  of  life.     As  a  eonsequence,   many 
formed  liabits  they  could  not  break,  spent  all  of 
their  money  on  women  and  drink  and  gamliling, 
ruined  themselves  in  pocket-book  and  in  health, 
returned    home    broken,    remained    sodden    and 
hopeless    tramps,    or   joined    the   criminal    class. 
Thousands  died  of  cholera  or  pneumonia;  hundreds 
committed  suicide;  but  those  who  came  through 
formed  the  basis  of  a  race  remarkable  today  for 
its  strength,  resourcefulness,  and  optimism.     Char- 
acters solid  at  bottom  soon  conu'  to  the  inevitable 
reaction.     They   were   the   forefathers   of  a   race 
of  people  which  is  certainly    different   from    the 
inhabitants  of  any  other  portion  of  the  countrv. 

The  first  public  test  came  with  the  earliest  of 
the  big  fires  that,  within  the  short  space  of  eighteen 
months,  six  times  burned  San  Francisco  to  the 
ground.  This  fire  occurred  on  December  4,  1849. 
It  was  customary  in  the  saloons  to  give  negroes  a 
free  drink  and  tell  them  not  to  come  again.  One 
(lid  come  again  to  Dennison's;  he  was  flogged,  and 
knocked  over  a  lamp.  Thus  there  started  a  confla- 
gration that  consumed  over  a  million  dollars'  worth 
of  property.  The  valuable  part  of  the  property, 
it  must  be  confessed,  was  in  tlie  form  of  goous, 


142  THE  FORTV-XIXERS 

as  tin'  li^ht  canvas  and  woo<K*n  shacks  were  of 
little  worth.  Possihly  the  fire  consumed  enou^'h 
germs  and  germ-breeding'  (h'rt  to  j)ay  ])artially  for 
itself.  Before  the  ashes  had  cooled,  the  enter- 
prising real  estate  owners  were  back  reerectin^' 
the  destroyed  structures. 

This  first  fire  was  soon  followed  by  others,  eacli 
intrinsically  severe.  The  people  were  si)lendid  in 
enterprise  and  spirit  of  recovery;  but  they  soon 
realized  that  not  only  must  the  buildings  be 
made  of  more  substantial  material,  but  also  thnt 
fire-fighting  apparatus  must  be  bought.  In  June. 
1850,  four  hundred  houses  were  destroved;  in 
May,  1851,  a  thousand  were  burned  at  a  loss 
of  two  million  and  a  half;  in  June,  1851,  the  town 
was  razed  to  the  water's  edge.  In  many  places 
the  wharves  were  even  disconnected  from  tlic 
shore.  verywhere  deep  holes  were  burned  in 
them,  iiid  some  people  fell  through  at  night  and 
were  drowned.  In  this  fire  a  certain  firm,  Dewitt 
and  Harrison,  saved  their  warehouse  by  knocking 
in  barrels  of  vinegar  and  covering  their  building 
with  blankets  soaked  in  that  liquid.  Water  was 
unobtainable.  It  was  reported  that  they  thus 
used  eighty  thousand  gallons  of  vinegar,  but 
saved  their  warehouse. 


ORDKAL  HV  FIRE  i.j 

Tlu-  loss  now  |ia<l  jirii()unl.'<l  l,>  sonu'lliin^'  likr 
tvvflvt'  million  dollars  for  (In-  larp-  firos.     It   1),.- 
camt'  morr  <'vi(h'iil  thai  soinrlliing  nmsl  !>,.  ,|oiu'. 
From  tiirt'xi^'t'iKiVsof  tlu'situalion  \v<-rr  drvclopcd 
llu'    vohmtft'r    (•om|)amVs,    which    laU-r    lucaiiu- 
powerful  polilical,  as  wt'll  as  firt'-fi^rjiling,  or^'aiii- 
/.alions.     TIutc  wi-rc  many  of  these.     In  the  old 
Volunteer  Department  there  were  fourteen  en^'iries, 
three  hook-and-ladder  companies,  an<l  a  numlur 
(.f  hose  compam'es.      Ivich  possessed  ifs  own  house, 
which   was  in    the   nature   of  a    club-house,    well 
su{)plie«l  with  reading'  and  drinking'  matter.     'I'he 
members  of  each  company  were  strongly  i)artisan. 
They  were  ordinarily  drawn  from  men  of  similar 
tastes  and  position  in  life,     (iradually  they  came 
to  stand  also  for  similar  political   interests,   and 
thus    grew    to    be,    like    New    York's    'J^ammany 
Hall,  instruments  of  the  politically  ambitious. 

On  an  alarm  of  fire  the  members  at  any  time 
of  the  day  and  night  ceased  their  occupation 
or  leaped  from  their  beds  to  run  to  the  engine- 
house.  Thence  the  hand-engines  were  dragged 
through  the  streets  at  a  terrific  rate  of  speed  l)y 
hundreds  of  yelling  men  at  the  end  of  the  ropes. 
The  first  engine  at  a  fire  obtained  the  place  of 
honor;  therefore  every  alarm  was  the  signal  for  a 


\^^M 


(^ 


144  TIIK  FORTY  NIXFRS 

hrt'aknrck  racr.  Arrivod  at  tlic  ,sc'<*n(*  of  firr, 
till'  wattT-hox  of  ont-  cn^iiU'  was  connected  1)\ 
hose  with  the  rt'srrvoir  t)f  tlie  :i('.\t,  ami  so  water 
was  rt'laytil  froiri  cii^'ini  to  rii^iiu"  until  it  was 
thrown  on  the  fianuvs.  llw  inotivf  power  of  the 
pump  was  supplied  hy  the  crew  of  each  engine. 
The  nicii  on  <'illier  side  manipulated  the  punij) 
l>y  jerkinj^  the  han«J-rails  u|)  and  down.  Puttinj,' 
out  the  fire  soon  oecame  a  secondary  matter.  'I'lic 
main  object  of  <'ach  company  was  to  "wash"  its 
rival;  that  is,  to  pump  wafer  into  the  water  hox 
of  the  engine  ahead  faster  than  t.ie  latter  couM 
pump  it  out,  thus  overflowing  and  eternally  dis- 
gracing its  crew.  The  foremen  walked  hack  aiu' 
forth  between  the  rails,  as  if  on  (piarter-decks,  ex- 
horting their  men.  Relays  in  uniform  stood  ready 
on  either  side  to  take  the  place  of  those  who  wt  re 
exhausted.  As  the  race  became  closer,  the  foremen 
would  get  more  excited,  begging  their  crew>  lo 
increase  the  speed  of  the  stroke,  beating  their 
speaking  trumpets  into  shapeless  and  battered 
rtdics. 

In  the  meantime  the  hook-and-ladder  companies 
were  plying  their  glorious  and  destructive  tr;;  !'.'. 
A  couple  of  firemen  would  mount  a  ladder  to  the 
eaves  of  the  house  to  be  attacked,  taking  wilii 


ORDEAL  BY  FIRE  145 

them  a  heavy  hook  at  tho  end  of  a  long  pol,.  or 
n.pe.     With  their  axes  they  cut  a  small  hole  in 
the    eaves,   hooked    on    this    apparatus,  and    d.- 
sccnded.     At  once  as  many  firenjen  and  volunteers 
a>  could  Ket  hold  of  the  pole  and  the  rope  be^an 
f"    pull.     The   limbers   would  crack,   break;    the 
wliole  side  of  the  house  would  come  oui  with  a 
I'rand  satisfying  smash.    In  this  way  the  fire  within 
was  laid  open  to  the  attack  of  the  hose-men.     This 
sort   of  work  naturally  did  little  toward   saving 
the  building  immediately  affected,  but  it  was  in- 
Itnded  to  confine  or  check  the  fire  within  the  ana 
■ilready  burning.     The  occasion  was  a  gran.,    iibi- 
lation  for  every  boy  in  the  town  — which  means 
•  very  male  of  any  age.     The  roar  of  I  e  flames, 
tlie  hissing  of  the  steam,  the  crash  of  the  timber,' 
the  shrieks  of  the  foremen,  the  yells  of  applause 
or  of  sarcastic  comment  from  the  crowd,  and  the 
thud  of  the  numerous  pumjis  made  a  glorious  row. 
Everybody,  except  tin-  owners  of  the  buildings, 
was  hugely  delighted,  and  when  the  fire  was  all 
over  it  was  customary  for  the  unfortunate  owner 
further  to  increase  tlie  amount  of  his  loss  by  deal- 
nip  out   liquid    refreshments    to   everybody    con, 
ferned.     On  parade  days  each  company  turned 
out  with  its  machine  brought  to  a  high  state  of 


146  THE  FORTY-NINERS 

polish  by  varnish,  and  with  the  members  resplend- 
ent in  uniform,  carrying  pole-axes  and  banners.  If 
the  rivalries  at  the  fire  could  only  be  ended  in 
a  general  free  fight,  everybody  was  the  better 
satisfied. 

Thus  by  the  end  of  the  first  period  of  its  growth 
three  necessities  had  compelled  the  careless  ninv 
city  to  take  thought  of  itself  and  of  public  con- 
venie  jce.  The  mud  had  forced  the  cleaning  and 
afterw^ards  the  planking  of  the  principal  roads: 
the  Hounds  had  compelled  the  adoption  of  at 
least  a  semblance  of  government;  and  the  re- 
peated fires  had  made  necessary  the  semi- 
official organization  of  the  fire  department. 

Bv  the  end  of  1850  we  find  that  a  considerable 
amount  of  actual  progress  has  been  made.  This 
came  not  in  the  least  from  any  sense  of  civic 
pride  but  from  the  pressure  of  stern  necessity. 
The  new  city  now  had  eleven  wharves,  for  ex- 
ample, up  to  seventeen  hundred  feet  in  len^'th, 
It  had  done  no  little  grading  of  its  sand-hills. 
The  quagmire  of  its  streets  had  been  filled  and  in 
some  places  planked.  Sewers  had  been  installed. 
Flimsy  buildings  were  being  replaced  by  sub- 
stantial structures,  for  which  the  stones  in  some 
instances  were  imported  from  China. 


ORDEAL  BY  FIRE  147 

Yet  it  must  be  repeated  that  at  this  time  h'ttle 
or  no  progress  sprang  from  civic  pride.  Each 
man  was  for  himself.  But,  unhke  the  native 
Cahfornian,  he  possessed  wants  and  desires  which 
had  to  be  satisfied,  and  to  that  end  he  was  forced. 
at  least  in  essentials,  to  accept  responsibility  and 
to  combine  with  his  neighbors. 

The  lii.idiinery  of  this  early  civic  life  was  very 
crude.     Even  the  fire  department,  which  was  by 
far  the  most  efficient,  was,  as  has  been  indicated, 
more  occupied  with  politics,  rivalry,  and  fun,  than 
with  Its  proper  function.     The  plank  roads  were 
good  as  long  as  they  remained  unworn,  but  they 
soon  showed  many  holes,  large  and  small,  jagged, 
splmtered,  ugly  holes  going  down  into  the  depths' 
of  the  mud.     Many  of  these  had  been  mended 
by  private  philanthropists;  many  more  had  been 
labeled   with  facetious   signboards.     There    were 
rough  sketches  of  accidents  taken  from  life,  and 
various  legends  such  as  "Head  of   Navigation," 
"Xo  bottom, "  "Horse  and  dray  lost  here, "  "Take 
sounding, "  "  Storage  room,  inquire  below, "  "  Good 
fishing  for  teal, "  and  the  like.     As  for  the  govern- 
ment,  the  less  said  about  that  the  better.     Re- 
sponsibility  was  still  in  embryo;  but  pohtics  and 
tin-  law,   as   an   irritant,    were  highly  esteemed. 


148  THE  FORTY-NINERS 

The  elections  of  the  times  were  a  farce  and  a 
holiday;  nobody  knew  whom  he  was  voting  for 
nor  what  he  was  shouting  for,  but  he  voted  as 
often  and  shouted  as  loud  as  he  could.  Every 
American  citizen  was  entitled  to  a  vote,  and 
every  one,  no  matter  from  what  part  of  the  world 
he  came,  claimed  to  be  an  American  citizen  and 
defied  any  one  to  prove  the  contrary.  Proof 
consisted  of  club,  sling-shot,  bowie,  and  pistol. 
A  grand  free  fight  was  a  refreshment  to  the  soul. 
After  "a  pleasant  time  by  all  was  had,"  the 
populace  settled  down  and  forgot  all  about  the 
ofiicers  whom  it  had  elected.  The  latter  went  their 
own  sweet  way,  unless  admonished  by  spasmodic 
mass-meetings  that  some  particularly  unscrupu- 
lous raid  on  the  treasury  was  noted  and  resented. 
Most  of  the  revenue  was  made  by  the  sale  of 
city  lots.  Scrip  was  issued  in  payment  of  debt. 
This  bore  interest  sometimes  at  the  rate  of  six 
or  eight  per  cent  a  month. 

In  the  meantime,  the  rest  of  the  crowd  went 
about  its  own  affairs.  Then,  as  now,  the  American 
citizen  is  willing  to  pay  a  very  high  price  in  dis- 
honesty to  be  left  free  for  his  own  pressing  affairs. 
That  does  not  mean  that  he  is  himself  either  dis- 
honest or  indiflFerent.     When  the  price  suddenly 


ORDEAL  BY  FIRE  149 

becomes  too  high,  either  because  of  the  increase 
in  dishonesty  or  the  decrease  in  value  of  his  own 
time,  he  suddenly  refuses  to  pay.  This  happened 
not  infrequently  in  the  early  days  of  California. 


CHAPTER  XI 


THE  VIGIL.\NTES  OF  '51 


In  1851  the  price  for  one  commodity  became  too 
high.     That  commodity  was  hiwk^ssness. 

In  two  years  the  popuhition  of  the  city  liad 
vastly  increased,  until  it  now  numbered  over  thirty 
thousand  inhabitants.  At  an  equal  or  greater 
pace  the  criminal  and  lawless  elements  had  al>o 
increased.  The  confess  My  criminal  inmn'gnints 
were  paroled  convicts  from  Sydney  and  ollur 
criminal  colonies.  These  practiced  men  were 
augmented  by  the  weak  and  desperate  from  otlicr 
countries.  Mexico,  especially,  was  strongly  repre- 
sented. At  first  few  in  numbers  and  poverty- 
stricken  in  resources,  these  men  acted  merelv  iis 
footpads,  highwaymen,  and  cheap  crooks.  As 
time  went  on,  however,  they  gradually  became 
more  wealthy  and  powerful,  until  they  had  estah- 
lished  a  sort  of  caste.  They  had  not  the  social 
importance  of  many  of  the  "higher-ups"  of  1856. 

150 


THE  VIGILANTES  OF   .31  151 

but  they  were  crude,  powerful,  and  in  many  cases 
wealthy.     They    were   ably   seconded   l)y   a   class 
of  lawyers  which  then,  and  for  some  years  later, 
infested  the  courts  of  California.     These  men  had 
made  little  success  at  law,  or  perhaps  Iiad  l)een 
driven  forth  from  their  native  haunts  because  of 
evil  practices.     They  i)layed  the  game  of  law  ex- 
actly as  the  cheap  criminal  lawyer  does  today,  but 
with  the  added  advantage  that  their  activities  were 
controlled   neither  by  a  proper  pu})lic  sentiment 
m».   by  the  usual  discipline  of  better  colleagues. 
Unhappily   we  are  not  yet   far  enougli  removed 
from  just  this  perversion  to  need  further  explana- 
tion   of   the   metliod.     Indictments    were   fought 
for   the   reason    that    the    nuirderer's   name   was 
spelled  wrong  in  one  letter;   because,   while  the 
accusation    stated    that    the    murderer   killed   his 
victim  with  a  pistol,  it  did  not  say  that  it  was 
by  the  discharge  of  said  pistol;  and  so  on.     But 
patience  could  not  endure  f  -ever.     The  decent 
t'knient  of  the  community  \     s  forced  at  last  to 
beat  the  rascals.     Its  apparent  indifference  had 
been  only  preoccupation. 

The  immediate  cause  was  the  cynical  and  open 
criminal  activity  of  an  Englishman  named  James 
Stuart.     This    man    was    a    degenerate    crinunal 


152  THE  FORTY-NINERS 

of  the  worst  type,  who  came  into  a  teniporarv 
glory  through  what  he  considered  the  happy  cir. 
cumstances  of  the  time.  Arrested  for  one  of  lii? 
crimes,  he  seemed  to  anticipate  the  usual  vrrv 
good  prospects  of  escaping  all  penalties.  Tlirn 
had  been  dozens  of  exactly  similar  incidents,  ])iit 
this  one  proved  to  be  the  spark  to  ignite  a  loii^' 
gathering  pile  of  kindling.  One  hundred  and 
eighty-four  of  the  wealthiest  and  most  prominent 
men  of  the  city  formed  themselves  into  a  secret 
Committee  of  Vigilance.  As  is  usual  when  any- 
thing of  importance  is  to  be  done,  the  busiest  men 
of  the  community  were  sunmioned  and  put  to 
work.  Strangely  enough,  the  first  trial  under 
this  Committee  of  Vigilance  resulted  also  in  a 
divided  jury.  The  mob  of  eight  thousand  or 
more  people  who  had  gathered  to  see  justiVe 
done  by  others  than  the  appointed  court  fin;ill,v 
though  grumblingly  acquiesced.  The  prisoners 
were  turned  over  to  the  regular  authorities,  and 
were  eventually  convicted  and  sentenced. 

So  far  from  being  warned  by  this  popular 
demonstration,  the  criminal  offenders  grew  bolder 
than  ever.  The  second  great  fire,  in  May,  1S51, 
was  commonly  believed  to  be  the  work  of  incen- 
diaries.    Patience   ceased   to   be   a   virtue.     The 


THE  VIGILANTES  OF  '^1  153 

time  for  resolute  repression  of  crime  had  arrived. 
In  June  the  Vigilance  Committee  was  formally 
organized.  Our  old  and  picturescjue  friend  Sam 
Brannan  was  deeply  concerned.  In  matters  of 
initiative  for  the  i)uhlic  good,  especially  where  a 
limelight  was  concealed  in  the  wing,  Brannan 
was  an  able  and  efficient  citizen.  Headquarters 
were  chosen  and  a  formal  organization  was  per- 
fected. The  Monumental  Fire  Engine  Com- 
pany bell  was  to  be  tolled  as  a  summons  for  the 
Committee  to  meet. 

Even  before  the  first  meeting  had  adjourned, 
this  signal   was  given.     A  certain  John  Jenkins 
had  robbed  a  safe  and  was  caught  after  a  long 
and  spectacular  pursuit.     Jenkins  was  an  Austral- 
ian convict  and  was  known  to  numerous  i)eople  as 
an  old  offender  in  many  ways.     He  was  tlu   efore 
typical  of  the  exact  thing  the  Vigilance  Committee 
had  been  formed  to  prevent.     By  eleven  o'clock 
the  trial,  which  was  conducted  with  due  decorum 
and  formality,  was  over.     Jenkins  was  adjudged 
guilty.     There  was  no  disorder  either  before  or 
after  Jenkins's   trial.     Throughout   the   trial  and 
subsequent  proceedings  Jenkins's  manner  was  un- 
afraid and  arrogant.     He  fully  expected  not  only 
that  the  nerve  of  the  Committee  would  give  out,. 


154  THE  FORTY-NIXERS 

but  that  at  any  moment  he  would  be  rescued. 
It  must  be  remembered  that  the  sixty  or  seventy 
men  in  charge  were  known  as  peaceful  unwarlikr 
merchants,  and  that  against  them  were  array e<l 
all  the  belligerent  swashbucklers  of  the  town. 
While  the  trial  was  going  on,  the  Committtc 
was  informed  by  its  officers  outside  that  already 
the  roughest  characters  throughout  the  city  hud 
been  told  of  the  organization,  and  were  gathering' 
for  rescue.  The  pri.soner  insulted  his  captor.-., 
still  unconvinced  that  they  meant  business;  thtn 
he  demanded  a  clergyman,  who  prayed  for  thret- 
quarters  of  an  hour  straight,  until  Mr.  Ryckman, 
hearing  of  the  gathering  for  rescue,  no  longer 
contained  himself.  Said  he:  "Mr.  Minister,  you 
have  now  prayed  three-ciuarters  of  an  hour.  I 
want  you  to  bring  this  prayer  business  to  a  halt. 
I  am  going  to  hang  this  man  in  fifteen  minutes." 

The  Committee  itself  was  by  no  means  sure  at 
all  times.  Bancroft  tells  us  that  "one  time  durini: 
the  proceedings  there  app(N*ired  some  falterinj,' 
on  the  part  of  the  judges,  or  rather  a  hesitancy  to 
take  the  lead  in  assuming  responsibility  and 
braving  -at  might  be  r.ubsequent  odium.  It 
was  one  li^  ng  for  a  half-drunken  rabble  to  take 
the  life  of  a  fellow  man,  but  quite  another  tliint.' 


THE  VIGILANTES  OF  \n  1.55 

for  staid  church-goin^'  men  of  husiness  to  do  it. 
Then  it  was  that  AVilh'ani  A.  Howard,  after  watch- 
ing the  proceedings  for  a  few  moments,  rose,  and 
laying  his  revolver  on  the  table  looked  over  the 
assembly.  Then  with  a  slow  enunciation  he  said, 
'(ientlemen,  as  I  understand  it,  we  are  going  to 
hang  somebody.'     There  was  no  more  halting." 

While  these  things  were  going  on,  Sam  Brannan 
was   sent   out   to   comnnmicate   to   the   immense 
crowd    the    Committee's    decision.     lie    was    in- 
structed  by   Ryekman,   "Sam,  you  go  out   and 
harangue  the  crowd  while  we  make  ready  to  move." 
Hrannan  was  an  ideal  man  for  just  such  a  purpose. 
He   was   of   an    engaging   personality,    of   coarse 
fiber,  possessed  of  a  keen  sense  of  humor,  a  com- 
plete   knowledge    of    crowd    psychology,    and    a 
command   of   ribald    invective   that   carried    far. 
He  spoke  for  some  time,  and  at  the  conclusion 
holdly  asked  the  crowd  whether  or  not  the  Com- 
mittee's   action    met    with    its    approval.     The 
response    was    naturally  very    much    mixed,  but 
like  a  true  politician   Sam    took    the    result  he 
wanted.     They   found    the   lovers   of   order   had 
already  procured   for  them   two   ropes,  and  had 
gathered    into    some    sort    of    coherence.     The 
procession  marched  to  the  Tlaza  where  Jenkins 


156  THE  FORTY-NINERS 

was  duly  hanged.  Tlie  lawless  elomont  gathored 
at  the  street  corners,  and  at  least  one  abortive 
atteii.j.t  at  rescue  was  started.  But  promptness 
of  action  combined  with  the  uncertainly  of  the 
situation  carried  the  Committee  successfully 
through.  The  coroner's  jury  next  day  brought  in 
a  verdict  that  the  deceased  "came  to  his  death  on 
the  part  of  an  association  styling  themselves  a 
Committee  on  Vigilance,  of  whom  the  following' 
members  are  implicated."  And  then  followed  nine 
names.  The  Committee  immediately  countered 
by  publishing  its  roster  of  one  hundred  and  eighty 
names  in  full. 

The  organization  that  was  immediately  per- 
fected was  complete  and  interesting.  This  was 
an  association  that  was  banded  together  and  close- 
knit,  and  not  merelv  a  loose  bodv  of  citizens.  It 
had  headquarters,  company  organizations,  police, 
equipment,  laws  of  its  own,  and  a  regular  routine 
for  handling  the  cases  brought  before  it.  Its  police 
force  was  large  and  active.  Had  the  Vigilance 
movement  in  California  begun  and  ended  with  the 
Committee  of  1851,  it  would  be  not  only  necessary 
but  most  interesting  to  follow  its  activities  in  detail. 
But,  as  it  was  only  the  forerunner  and  trail-blazer 
for  the  greater  activities  of  1856,  we  must  save  our 


ifif 


THE  VIGILANTES  OF  '•>!  i.-,7 

space  and  attetition  for  tlu-  lattrr.  SufRct-  it  t<» 
siiy  tliat,  with  only  nominal  interference  from  I  in 
law,  the  first  Comnn'ttee  han^'ed  four  people  and 
banished  a  ^'reat  many  more  for  the  irowl  of  their 
'•ountry.  Fifty  executions  in  the  ordinary  wav 
would  have  had  little  effect  on  the  excited  jMipulaee 
of  the  time;  hut  in  tiie  peculiar  circumstances 
these  four  deaths  accomplished  a  moral  regenera- 
tion. This  revival  of  puhlic  conscience  could  not 
last  long,  to  be  sure,  but  the  worst  criminals  were, 
at  least  for  the  time  being,  cowed. 

Spasmodic  efforts  toward  colierence  were  made 
hy  the  criminals,  but  these  attempts  all  proved 
abortive.  Inflammatory  circulars  and  n<>wspaper 
articles,  small  gatherings,  liidden  threats,  were 
all  freely  indulged  in.  At  one  time  a  rescue  of 
two  prisoners  was  accomplished,  but  the  Monu- 
mental bell  called  together  a  determined  band 
of  men  who  had  no  great  difficulty  in  reclaiming 
their  own.  The  Governor  of  the  State,  secretly  in 
sympathy  with  the  purposes  of  the  Committee, 
was  satisfied  to  issue  a  formal  proclamation. 

It  must  be  repeated  that,  were  it  not  for  the 
later  larger  movci^ient  of  1856,  this  Vigilance 
Committee  would  merit  more  extended  notice. 
It   gave  a  lead,  however,  and  a  framework  on 


158  THE  FORTV-MNKRS 

wiiich  thr  Vigilance  Cominittiv  of  1S5(5  was  l)uilt 
It  proved  that  tho  lu'tfor  (•iti/,«'ns,  if  arouM'd. 
could  tako  matters  into  their  own  hands.  Bui 
the  opposing  forces  of  1S.51  were  very  differct  t 
from  those  of  five  years  later.  And  the  transition 
from  the  eriminal  of  18.51  to  tlie  criminal  of  1S.)(; 
is  the  liistory  of  San  Francisco  between  those  two 
dates. 


CHAPTER   XII 


SAN  FK.Wnsco  IN  THAN.SITION 


r.Y  the  niid-fiftios  San  Francisco  had  attained 
tlie  dimensions  of  a  citv.  Among  otlu-r  clian<,'t'.s 
..f  puhlit  Iitcic^t  within  tlio  hnVf  space  of  two 
'  r  tlir.'t  \\nT-  were  a  hospital,  a  library,  a  cemc- 
!<n,  s,  ,  r;d  cinirches,  public  markets,  bathing 
i^tabhshnients,  public  schools,  two  race-courses, 
t»velve  wharves,  five  hundret.'  ,>nd  thirty-seven 
^aloons,  and  about  i  i^'!  :  'nf.i,  ;..!  women  of 
.several  classes.  The  poj-  i;. 
fifty  thousand.  The  cif^ 
stiinlial  character,  at  lea^i 
tricts.  There  were  manv  sir 
stone.  In  many  directions  the  sanj-inlls  had  been 
conveniently  graded  down  by  means  of  a  power 
shovel  called  the  Steam  Paddy  in  contradistinc- 
tion to  the  hand  Paddy,  ur  Irislinian  wiili  a  .shovel. 
The  streets  were  driven  straight  ahead  regardless 
of  contours.     It  is  related  that  often  the  inhabi- 

15S 


•  now  about 
">  ■■:  fairly  sub- 

vvn-town  dis- 
>-  oi  brick  and 


160  'illE  FORTY-NINERS 

laiits  of  houses  perched  on  the  sides  of  the  sand- 
hills would  have  to  scramble  to  safety  as  their 
dwellings  rolled  down  the  bank,  undermined  by 
some  grading  operation  below.  A  water  system 
had  been  established,  the  nucleus  of  the  present 
Spring  Valley  Company.  The  streets  had  nearly 
all  been  planked,  and  private  enterprise  had 
carried  the  i)lank  toll-road  even  to  the  Mission 
district.  The  fire  department  had  been  brought 
to  a  high  state  of  perfection.  The  shallow  waters 
of  the  bay  were  being  filled  up  by  the  rubbisji 
from  the  town  and  by  the  debris  from  the  opera- 
tions of  the  Steam  Paddies.  New  streets  were 
formed  on  piles  extended  out  into  the  bay.  Houses 
were  erected,  also  on  piles  and  on  either  side  of 
these  marine  thoroughfares.  Gradually  the  rub- 
bish filled  the  skeleton  framework.  Occasionally 
old  ships,  caught  by  this  seaward  invasion,  werv 
built  around,  and  so  became  integral  parts  of  the 
city  itself. 

The  same  insistent  demand  that  led  to  increasing: 
the  speed  of  the  vessels,  together  with  the  fact 
that  it  cost  any  ship  from  one  hundred  to  two 
hundred  dollars  a  day  to  lie  at  any  of  the  wharves, 
developed  an  extreme  efficiency  in  loading  and 
unloading   cargoes.     Hittell   says    that   probably 


SAN  FRANCISCO  IN  TRANSITION      IGl 

in  no  port  of  the  world  could  a  ship  he  emptied  as 
(luickly  as  at  San  Francisco.  For  the  first  and  last 
time  in  the  history  of  the  world  the  profession  of 
stevedore  hecame  a  distinguished  one.  In  addit ion 
to  the  overseas  trade,  there  were  now  many  ships, 
driven  by  sail  or  steam,  plying  the  local  routes. 
Some  of  the  river  steamboats  had  actually  been 
brought  around  the  Horn.  Their  free-board  had 
l)ccn  raised  by  planking-in  the  lower  deck,  and 
thus  these  frail  vessels  had  sailed  their  long  and 
stormy  voyage  — truly  a  notable  feat. 

It  did  not  pay  to  hold  goods  very  long.     Eastern 
shippers  seemed,  by  a  curious  unanimity,  to  send 
out  many  consignments  of  the  same  scarcity.     The 
result  was  thiit  the  high  prices  of  today  would  be 
utterly  destroyed  by  an  oversupply  of  tomorrow. 
It  was  thus  to  the  great  advantage  of  every  merchant 
tu  meet  his  ship  promptly,  and  to  gain  knowledge 
as  soon  as  possible  of  the  cargo  of  the  incoming 
vessels.     For    this   purpose    signal    stations    were 
established,  rowboat  patrols  were  organized,  and 
many  other  ingenious  schemes  was  ap{)lie(l  to  the 
secret  service  of  the  mercantile  business.     Both  in 
order  to  save  storage  and  to  avoid  the  possibility 
of  loss  from  new  shipments  conn'ng  in,  the  goods 
were  auctioned  off  as  soon  as  they  were  landed. 


II 


102  THE  FORTY-NINERS 

These  auctions  were  most  elaborate  institutions 
involving  brass  bands,  comfortable  chairs,  elo- 
quent "spielers,"  and  all  the  rest.  They  we.  a 
feature  of  the  street  life,  which  in  turn  had  an 
interest  all  its  own.  The  planking  threw  back  ii 
hollow  reverberating  sound  from  the  various 
vehicles.  There  seemed  to  be  no  rules  of  t}.' 
road.  Onmibuses  careered  along,  every  windov. 
rattling  loudly;  drays  creaked  and  strained;  non- 
descript delivery  wagons  tried  to  outrattle  the 
onnu'buses;  horse?  en  picked  their  way  annM  tin 
melee.  The  din  was  described  as  something  ex- 
traordinary—  hoofs  drumming,  wheels  rumblin-, 
oaths  and  shouts,  and  from  the  sidewalk  the  blare 
and  brav  of  brass  bands  before  the  various  auction 
shops.  Newsboys  and  bootblacks  darted  in  ;ill 
directions.  Cigar  boys,  a  peculiar  product  of 
the  time,  added  to  the  hubbub.  Bootblackin<j 
stands  of  the  most  elaborate  description  wero 
kept  by  French  and  Italians.  The  town  was  full 
of  characters  who  delighted  in  their  own  eccen- 
tricities, and  who  were  always  on  public  view. 
One  individual  possessed  a  remarkably  intelligent 
pony  who  every  morning,  without  guidance  from 
his  master,  patronized  one  of  the  shoe-blackinp 
stands  to  get  his  front  hoofs  polished.     He  pri- 


SAX  FRANCISCO  IX  TRAXSITIOX      103 

sented  each  one  in  turn  to  the  foot-rest,  and  stod 


>,i. 


one 


ike  a  statue  until  the  job  was  d 

Some  of  the  mumherless  saloons  already  showed 
signs  of  real  magnificence.     Maliogany  bars  with 
brass  rails,  huge  mirrors  in  gilt  frames,  pyramids 
of  delicate  crystal,  rich   hangings,  oil  paintings  t>f 
doubtful   merit   but  indisputable   interest,   heavy 
cl.andeliers   of  glass   prisms,  the   most    elaborate 
of  free    lunches,    skillful    barkeei)ers    who   nu'xed 
drinks  at  arm's  length,  were  common   to  all  the 
better   places.     These    things    would    not    be   so 
remi-rkable  in  large  cities  at  the  present  time,  but 
in  the  early  Fifties,  only  three  years  after  the  tent 
stage,  and  thousands  of  miles  from  the  nearest 
civilization,    the    enterprise    that    was    displayed 
seemed  remarkable.     The  qutstion  of  expen.se  did 
not  stop   these   early   worthies.     Of  one  sal(..>n- 
keeper  it  is  related  that,  desiring  a  punch  bowl 
and  finding  that  the  only  vessel  of  the  sort  w;i    a 
soup-tureen  belonging  to  a  large  and  expensive 
(.'inner  set,  he  bought  the  whole  set  for  the  sake  of 
the  soup-tureen.     Some  of  the  more  pretentious 
places   boasted    of  special    attractions:    thus  one 
supported  its  ceiling  on  crystal   pillars;   another 
had  dashing  young  women   to  serve   the  drinks, 
though  the  mixing  was  done  by  men  as  usual; 


1G4  THE  FORTY-NINERS 

a  third  possessed  a  large  musical-box  capable  of 
playing  several  very  noisy  tunes;  a  fourth  had 
imported  a  marvelous  piece  of  mechanism  run 
bv  clockwork  which  exhibited  the  sea  in  motion, 
a  ship  tossing  on  the  waves,  on  shore  a  windmill 
in  action,  a  train  of  cars  passing  over  a  bridge, 
a  deer  chased  by  hounds,  and  the  like. 

But  these  barrooms  were  a  totally  different 
institution  from  the  gambling  resorts.  Although 
gambling  was  not  now  considered  the  entirelx 
worthy  occupation  of  a  few  years  previous,  and  al- 
though some  of  the  better  citizens,  while  frequent  ing 
the  gambling  halls,  still  preferred  to  do  their  own 
playing  in  semi-private,  the  picturesqueness  and 
glory  of  these  places  had  not  yet  been  dimmed  by 
any  general  popular  disapproval.  The  gambling,' 
halls  were  not  only  places  to  risk  one's  fortune, 
but  they  were  also  a  sort  of  evening  club.  They 
usually  supported  a  raised  stage  with  footliglits, 
a  negro  minstrel  troop,  or  a  singer  or  so.  On  one 
side  elaborate  bars  of  rosewood  or  mahogany  ran 
the  entire  length,  backed  by  big  mirrors  of  Frenc  h 
plate.  The  whole  of  the  very  large  main  floor 
was  heavily  carpeted.  Down  the  center  generally 
ran  two  rows  of  gambling  tables  offering  various 
tiames  such  as  faro,  keeno,  roulette,  poker,  and  the 


SAX  FRANCISCO  IN  TRAXSITIOX      lOJ 

(lice  games.  Beyond  tliese  tables,  on  the  opposite 
side  of  the  room  from  the  bar,  were  the  lounging 
(juarters,  with  small  tables,  large  easy-chairs, 
settees,  and  fireplaces.  Decoration  was  of  the 
most  ornate.  The  ceilings  and  walls  were  gener- 
ally white  with  a  great  deal  of  gilt.  All  classes 
of  people  frequented  these  places  and  were  wel- 
comed there.  Some  were  dressed  in  the  height 
of  fashion,  and  some  wore  the  roughest  sort  of 
miners'  clothes  —  floppy  old  slouch  hats,  flannel 
shirts,  boots  to  which  the  dried  mud  was  clinging 
or  from  which  it  fell  to  the  rich  carpet.  All  were 
considered  on  an  equal  plane.  The  professional 
gamblers  came  to  represent  a  type  of  their  own, 
—  weary,  indifferent,  pale,  cool  men,  who  liad  not 
only  to  keep  track  of  the  game  and  the  bets, 
hut  also  to  assure  control  over  the  crowd  about 
them.  Often  in  these  [)laces  immense  sums  were 
lost  or  won;  often  in  these  places  occurred  crimes 
of  shooting  and  stabbing;  but  also  into  these 
places  came  many  men  who  rarely  drank  or  gam- 
bled at  all.  They  assembled  to  enjoy  each  other's 
company,  the  brightness,  the  music,  and  the  soci- 
able warmth. 

On  Sunday  the  populace  generally  did  one  of  two 
things:  either  it  sallied  out  in  small  groups  into 


IGG  THE  FORTY-NINERS 

the  surrounding  country  on  i>icnics  or  celebrations 
at  some  of  the  numerous  road-houses;  or  it  swarmed 
out  the  plank  toll-road  to  the  Mission.  To  the 
newcomer  the  latter  nmst  have  been  much  the 
more  interesting.  There  he  saw  a  congress  of 
all  the  nations  of  the  earth:  French,  (iermans. 
Italians,  Russians,  Dutchmen,  Biitisli,  Turks, 
Arabs,  Negroes,  Chinese,  Kanakas,  Indians,  the 
gorgeous  members  of  the  Spanish  races,  and  al! 
sorts  of  queer  people  to  whom  no  habitat  could  be 
assigned.  Most  extraordinary  perhaps  were  the 
men  from  the  gold  mines  of  the  Sierras.  The 
miners  had  by  now  distinctly  segregated  them- 
selves from  the  rest  of  the  population.  They  led  a 
hardier,  more  laborious  life  and  were  proud  of  tlie 
fact.  They  attempted  generally  to  differentiate 
themselves  in  appearance  from  all  the  rest  of  the 
human  race,  and  it  nmst  be  confessed  that  they 
succeeded.  The  miners  were  mostly  young  and 
wore  their  hair  long,  their  beards  rough;  tluy 
walked  with  a  wide  swagger;  their  clothes  were 
exaggeratedly  coarse,  but  they  ornamented  them- 
selves with  bright  silk  handkerchiefs,  feathers, 
flowers,  with  squirrel  or  buck  tails  in  their  hats, 
with  long  heavy  chains  of  nuggets,  with  glitter- 
ing and  prominently  displayed  pistols,  revolvers, 


SAX  FRANTISrO  I\  TRANSITION'      k;: 

stilettos,  knives,  and  dirks.  Some  even  plailecl 
their  beards  in  three  tails,  or  tied  their  lon^r  ),;„> 
under  their  chins;  hut  no  matter  how  bizarre  t hex- 
made  themselves,  nobody  on  the  streets  of  l,hisc 
San  Francisco  paid  the  sli^ditest  attention  to  them. 
The  Mission,  which  they,  to^'ether  with  the  crowd, 
frequented,  was  a  prinn'tive  Coney  Island.  Bear 
pits,  cockfi^dits,  theatrical  attractions,  side-shows, 
innumerable  hotels  and  small  restaurants,  saloons, 
races,  hammer-striking,  throwing  balls  at  negroes' 
heads,  and  a  hundred  other  attract i<ms  kept  the 
crowds  busy  and  generally  good-natured.  If  a 
fight  arose,  "it  was,"  as  the  Irishman  says,  "con- 
sidered a  private  fight,"  and  nobody  else  could 
H'et  in  it.  Such  things  were  consitlered  matters 
for  the  individuals  themselves  to  settle. 

The  great  feature  of  the  time  was  its  extrava- 
gance. It  did  not  matter  whether  a  man  was  a 
I)ublic  servant,  a  private  and  respected  citizen, 
or  from  one  of  the  semi-public  professions  that 
cater  to  men's  greed  and  dissipation,  he  acted  as 
tiiough  the  ground  beneath  his  feet  were  solid 
Kold.  The  most  extravagant  public  works  were 
undertaken  without  thought  and  without  plan. 
The  respectable  women  vied  in  the  magnificence 
and  ostentation  of  their  costumes  with  the  women 


168  THE  FORTY-NINERS 

of  the  lower  world.  Theatrical  attractions  at  high 
prices  were  patronized  abundantly.  Balls  of  great 
magnificence  were  given  almost  every  night.  Pri- 
vate carriages  of  really  excellent  appointment  were 
numerous  along  the  disreputable  planked  roads  or 
the  sandy  streets  strewn  with  cans  and  garbage. 

The  feverish  life  of  the  times  reflected  itself 
domestically.  No  live  red-blooded  man  could  be 
expected  to  spend  his  evenings  reading  a  book 
quietly  at  home  while  all  the  magnificent,  spleudid, 
seething  life  of  down-town  was  roaring  in  his 
ears.  All  his  friends  would  be  out;  all  the  news 
of  the  day  passed  around;  all  the  excitements  of 
the  evening  offered  themselves.  It  was  too  much 
to  expect  of  human  nature.  The  consequence  was 
that  a  great  many  young  wives  were  left  alone, 
with  the  ultimate  result  of  numerous  separations 
and  divorces.  The  moral  nucleus  of  really  re- 
spectable society  —  and  there  was  a  noticeable 
one  even  at  tliat  time — was  overshadowed  and 
swamped  for  the  moment.  Such  a  social  life  as 
this  sounds  decidedly  immoral  but  it  was  really 
unmoral,  with  the  bright,  eager,  attractive  un- 
morality  of  the  vigorous  child.  In  fact,  in  that 
society,  as  some  one  has  expressed  it,  everything 
was  condoned  except  meanness. 


SAX  FRANCISCO  IX  TRAXSITIOX      10!) 

It  was  the  era  of  the  grandiose.  lAen  eonversu- 
tion  reflected  this  characteristic.  The  myriad 
hootbhicks  had  grand  outfits  and  stands.  The 
captain  of  a  ship  ofTered  ten  dollars  to  a  negro 
to  act  as  his  cook.  The  negro  replied,  "If  you 
will  walk  up  to  my  restaurant,  I'll  set  you  to 
work  at  twenty-five  dollars  immediately."  From 
men  in  such  humble  stations  up  to  the  very  liighest 
and  most  respected  citizens  the  spirit  of  gambling, 
of  taking  chances,  was  also  in  the  air. 

As  has  been  pointed  out,  a  large  proportion  of 
the  city's  wealth  was  raised  not  from  taxation 
but  from  the  sale  of  its  property.  Under  the 
heedless  extravagance  of  the  first  government  the 
municipal  debt  rose  to  over  one  million  dollars. 
Since  interest  charged  on  this  was  thirty-six  per 
cent  annually,  it  can  be  seen  that  the  financial 
situation  was  rather  hopeless.  As  the  city  was 
even  then  often  very  short  of  funds,  it  paid  for 
its  work  and  its  improvements  in  certificates  of 
indebtedness,  usually  called  "scrip."  Njfurally 
this  scrip  was  held  below  par  —  a  cundJlioii  that 
caused  all  contractors  and  supply  merchants  to 
cliarge  two  or  three  hundred  per  cent  ov-r  the  nor- 
mal prices  for  their  work  and  connnodities  in  ordt  r 
to  keep  even.    And  this  practice,  complet-ng  .!;.> 


no  THE  FORTY-NIXErS 

vicious  circle,  increased  the  debt.  An  attempt  was 
made  fo  fund  the  city  debt  by  handing  in  the  scrip 
in  exchanj^e  for  a  ♦en  per  cent  obh'^'ation.  This 
HK'thod  ^'ave  promise  of  success;  but  a  number  of 
holders  of  scrip  . vf used  to  surrender  it,  and  l)roufjlit 
suit  to  cnfor(<>  payment.  On*'  of  tliese,  a  physiciaii 
named  Peter  Smith,  was  owed  a  considcniblc 
sum  for  the  care  of  indij^ent  sick.  lie  ol)taim(l 
a  judf^ment  against  the  city,  levie<l  on  some  of  it-, 
property,  and  proceeded  to  sell.  The  city  com- 
missioners warned  the  public  that  titles  undt  r 
the  Smith  claim  were  not  legal,  and  })roceeded  to 
sell  the  property  on  their  own  account.  Tlic 
speculators  bought  claims  under  Peter  Smith 
amounting  to  over  two  millions  of  dollars  ;it 
merely  nominal  rates.  For  example,  one  parctl 
of  city  lots  sold  at  less  than  ten  cents  per  lo'. 
The  prices  were  so  absurd  that  these  sales  wcr. 
treated  as  a  joke.  The  joke  came  in  on  the  otln  r 
side,  however,  when  the  offl.  uils  [)r()C('('(led  tu 
ratify  these  sales.  Tlh  public  ihen  woke  up  to 
the  fact  tha'  it  had  been  Heeced.  Enormous 
prices  were  pai<l  for  unsuitable  property.  (>>- 
tensiblv  for  the  uses  of  the  city.  After  the 
money  had  parsed,  these  proi)erties  were  often 
declared     unsuitable     and     resold     at     reduced 


SA\  FRAXriSrO  I\  TRANSITION      171 

prict's    to    pt'oplt'    alrcjuly   (Iftormiiicd    upon    l>y 
Hit'  rin^'. 

Xi'vtTtlu'Uvss    comiiUTcially    things    went    woll 
for  a  tinif.     The  niH'<ls  of  luindrfils  of  thousands 
of  nt'wconicrs,  in  a  country  \vhrn>  tht-  n>anufa<-- 
turcs    wort'   f)ractiVally    notliing,  \yvrr  enormous. 
It  is  n-hitcd  that  at  first  hiundry  was  sent  as  far  as 
the  Hawaiian  Ishinds.     Evory  singU'  comnuxlity  of 
civilized  life,  such  as  wr  understand  it.  had  to  he 
imported.     As  there  was  tlien  no  remote  seml»hjnce 
of  coml)ination,  either  in   restraint   of  or  in  en- 
couragement of  tra(h\  it  followed  that  the  market 
must  fluctuate  wildly.     'J'ho  local  agents  of  eastern 
(inns  were  often  emharrassetl  and  overwhelmed  hv 
the  ill-timed  cons'/rnments  of  goods.     One  Boston 
firm  was  alleged  .o  have  sent  out  a  whole  slnpKiad 
of  women's  bonnets  — to  a  community  where  a 
woman  was  one  of  tin   rarest  sights  to  he  found! 
Not  many  shipments  were  as  silly  as  this,  but  the 
fact  remains  that  a  rumor  of  a  shortage  in  any 
commodity    would    often    be    followed    by    rush 
orders  on  clipper  ships  laden  to  th<'  guards  with 
that  same  article.     As  a  consequence  the  bottom 
fell  out  of  the  market  completely,  and  the  un- 
fortunate consignee  found  himself  forced  to  auc- 
tion off  the  goods  much  below  cost. 


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172  THE  FORTY-NINERS 

During  the  year  1854,  the  tide  of  prosperity  be- 
gan to  ebb.  A  dry  season  caused  a  cessation  of 
mining  in  many  parts  of  the  mountains.  Of  course 
it  can  be  well  understood  that  the  immense  pros- 
perity of  the  city,  the  prosperity  that  allowed  it  to 
recover  from  severe  financial  disease,  had  its  spring' 
in  the  placer  mines.  A  constant  stream  of  fresh 
gold  was  needed  to  shore  up  the  tottering  com- 
mercial structure.  With  the  miners  out  of  the 
diggings,  matters  changed.  The  r^  d-shirt,ed  digger 
of  gold  had  little  idea  of  the  value  of  money. 
Many  of  them  knew  only  the  difference  between 
having  money  and  having  none.  They  had  to  have 
credit,  which  they  promptly  wasted.  Extending,' 
credit  to  the  miners  made  it  necessary  that  credit 
should  also  be  extended  to  the  sellers,  and  so  on 
back.  Meanwhile  the  eastern  shippers  continued 
to  pour  goods  into  the  flooded  market.  An  auc- 
tion brought  such  cheap  prices  that  they  proved 
a  temptation  even  to  an  overstocked  publiV. 
The  gold  to  pay  for  purchases  went  east,  draining,' 
the  country  of  bullion.  One  or  two  of  the  sup- 
posedly respectable  and  polished  citizens  such  as 
Talbot  Green  and  "honest  Harry  Meiggs"  fell 
by  the  wayside.  The  confidence  of  the  new  com- 
munity began  to  be  shaken.     In  1854  came  the 


>^ms:L':iii^'^ 


SAX  FRAXCISCO  IX  TRAXSITIOX      173 

crisis.  Three  liundred  out  of  about  a  thousand 
business  houses  shut  down.  Seventy-seven  filed 
petitions  in  insolvency  with  HabiUties  for  many 
inilHons  of  doUars.  In  1855  one  hundred  and 
ninety-seven  additional  firms  and  several  bankinjr 
houses  went  under. 

There  were  two  immediate  results  of  this  state 
of  affairs,  ^n  the  first  place,  every  citizen  became 
more  intensely  interested  and  occupied  with  his 
own  personal  business  than  ever  before;  he  had 
less  time  to  devote  to  the  real  causes  of  trouble, 
that  is  the  public  instability;  and  he  grew  rather 
more  selfish  and  suspicious  of  his  neighbor  than 
ever  before.  The  second  result  was  to  attract 
the  dregs  of  society.  The  pickings  incident  to 
demoralized  conditions  looked  rich  to  these  men. 
Professional  politicians,  shyster  lawyers,  political 
gangsters,  flocked  to  the  spoil.  In  1851  the  law- 
lessness of  mere  physical  violence  had  come  to  a 
head.  By  1855  and  185G  there  was  added  to  a 
recrudescence  of  this  disorder  a  lawlessness  of 
graft,  of  corruption,  both  political  and  financial, 
and  the  overbearing  arrogance  of  a  self-made 
aristocracy.  These  cor.ditions  combined  to  bring 
al)out  a  second  crisis  in  the  precarious  life  of  this 
new  society. 


^•::iJi^j«?,.^.^;>i 


f2fpPK# 


CHAPTER  XIII 


THE   STORM   GATHERS 


The  foundation  of  trouble  in  California  at  this  tinit 
was  formal  legalism.  Legality  was  made  a  fetish. 
The  law  was  a  game  played  by  lawyers  and  not  an 
attempt  to  get  justice  done.  The  whole  of  public 
prosecution  was  in  the  hands  of  one  man,  generally 
poorly  paid,  with  equally  underpaid  assistants, 
while  the  defense  was  conducted  by  the  ablest  and 
most  enthusiastic  men  procurable.  It  followed  that 
convictions  were  very  few.  To  lose  a  criminal  caso 
was  considered  even  mildly  disgraceful.  It  was  a 
point  of  professional  pride  for  the  lawyer  to  get  his 
client  free,  without  reference  to  the  circumstances 
of  the  time  or  the  guilt  of  the  accused.  To  fail  was 
a  mark  of  extreme  stupidity,  for  the  gam«>  was  con- 
sidered an  easy  and  fascinating  one.  The  whole 
battery  of  technical  delays  was  at  the  command  of 
the  defendant.  If  a  man  had  neither  the  time  nor 
the  energy  for  the  finesse  that  made  the  interest  of 

174 


>^^:^^'"''^;^«iKr^r^j 


THE  STORM  GATIIKRS  175 

the  game,  he  could  ahvjiys  procure  interminable 
dehiys  during  which  witness-  s  could  be  scattered 
or  else  wearied  to  the  point  of  non-appearance. 
Changes  of  venue  to  courts  ei'  r  prejudiced  or 
known  to  be  favorable  to  the  technical  interpre- 
tation of  the  law  were  very  easily  procured.  Even 
of  shadier  expedients,  such  as  packing  juries,  there 
was  no  end. 

With  these  shadier  expedients,  however,  your 
high-minded  lawyer,  moving  in  the  best  society, 
well  d--ssed,  proud,  looked  up  to,  and  today 
possessing  descendants  who  gaze  back  upon  their 
pioneer  ancestors  with  pride,  had  little  directly  to 
do.  He  called  in  as  counsel  other  lawyers,  not 
so  high-minded,  so  honoral)le,  so  highly  placed. 
These  little  lawyers,  shoulder-strikers,  bribe-givers 
and  takers,  were  held  in  good-humored  contempt 
by  the  legal  ligh-  ,  who  employed  them.  The 
actual  dishonesty  was  diluted  through  so  many 
agents  that  it  seemed  an  almost  pure  stream  of 
lofty  integrity.  Ordinary  jury-packing  was  an 
easy  art.  Of  course  the  sheriff's  office  must  con- 
nive at  naming  the  talesmen;  therefore  it  was 
necessary  to  elect  the  sheriff;  consequently  all  the 
lawyers  were  in  politics.  Of  course  neither  the 
lawyer  nor  the  sheriff  himself  ever  knew  of  anv 


w^,:w*m^m^, 


■ft. 


170  THE  FORTY-NINERS 

individual  transaction!  A  sum  of  money  was 
handed  by  the  leading  counsel  to  his  next  in 
command  and  clnirj^ed  off  as  "expense."  Thi« 
fund  emerged  considerably  diminished  in  the 
sheriff's  office  as  "i)er({uisites." 

Such  were  the  conditions  in  the  realm  of  criminal 
law,  the  realm  where  the  processes  became  so  stand- 
ardized that  between  1849  and  1850  over  one  thou- 
sand murders  had  been  committed  and  only  one 
legal  conviction  had  been  secured!  Dueling  was  a 
recognized  institution,  and  a  skillful  shot  could 
always  "get"  his  enemy  in  this  fonnal  manner;  but 
if  time  or  sk'U  lacked,  it  was  still  perfectly  safe  to 
shoot  him  down  in  a  street  brawl  —  provided  one 
had  mcy  enough  to  employ  talent  for  defense. 

But,  once  in  politics,  the  law  could  not  stop  at 
the  sheriff's  office.  It  rubbed  shoulders  with 
big  contracts  and  big  financial  operations  of  all 
sorts.  The  city  was  being  built  within  a  few 
years  out  of  nothing  by  a  busy,  careless,  and  sliii't- 
ing  population.  Money  was  still  easy,  peoi)lt 
could  and  did  pay  high  taxes  without  a  thouglit, 
for  they  would  rather  pay  well  to  be  let  alone  than 
be  bothered  with  public  affairs.  Like  hyenas  to  a 
kill,  the  public  contractors  gathered.  Immense 
public  works  were  undertake/*  it  enormous  priet 


'S. 


TIIK  STORM  GATHERS  177 

To  get  their  d.-als  througli  legally  it  was,  of  course, 
necessary  tliat  officials,  couneilmen,  engineers,  and 
others  should  be  sympathetic.  So,  natural.y,  the 
hig  opeiutors  as  well  as  the  big  lawyers  had 
to  go  into  politics.  Legal  efficiency  coupled  with 
the  inefficiency  of  the  bench,  legal  corruption, 
and  the  arrogance  of  personal  favor,  dissolved 
naturally  into  political  corruption. 

The  elections  of  those  days  would  have  been  a 
joke  had  they  been  not  so  trr-.gically  significant. 
They  came  to  be  a  sheer  farce.     The  polls  were 

guarded  by  bullies  who  did  not  hesitate  at  command 
to  manhandle  any  decent  citizen  indicated  by  the 
local  leaders.     Such  men  were  openly  hired  for  the 
purposes  of  intimidation.     Votes  could  be  bought 
in  the   op^n    market.     "Floaters"    were  shame- 
lessly imported  into  districts  that  might  prove 
doubtful;  and,  if  things  looked  close,  the  election 
inspectors  and  the  judges  could   be  relied  on  to 
make  things  come  out  all  right  in  the  final  count. 
One  of  the  exhibits  later  shown  in  the  Vigilante 
days  of  1856  was  an  ingenious  ballot  box  by  which 
the  goats  could  be  segregated  from  the  sheep  as  the 
ballots  were  cast.     You  may  be  sure  that  the  sheep 
wore  the  only  ones  counted.     Election  day  was  one 
of  continuous  whiskey  drinking  and  brawling  so 


i; 


■m:m^ 


^^^. 


178  THE  FORTY-XINERS 

tliat  (Krent  citi/cns  were  forced  to  remain  within 
doors.  Tl;e  returns  from  the  different  wards  v,vrv 
announced  as  fast  as  the  votes  were  counted.  It 
was  therefore  the  custom  to  hold  open  certain 
wards  until  the  votes  of  all  the  others  were  known. 
Then  whatever  tickets  were  lacking  to  secure  the 
proper  election  were  counted  from  the  packed 
])allot  1)0X  in  the  sure  ward.  In  this  manner  five 
hundred  votes  were  once  returned  from  Crystal 
Springs  precinct  where  there  dwelt  not  over  thirty 
voters.  If  some  busybody  made  enough  of  a  row 
to  get  the  merry  tyrants  into  court,  there  were 
always  plenty  of  lawyers  who  could  play  the  ultra- 
technical  so  w^ell  that  the  accused  were  not  only  re- 
leased but  were  returned  as  legally  elected  as  well. 
With  the  proper  officials  in  charge  of  the  execu- 
tive end  of  the  government  and  with  a  trained  crew 
of  lawyers  making  their  own  rules  as  they  wci.t 
along,  almost  any  crime  of  violence,  corruption, 
theft,  or  the  higi.er  grades  of  finance  could  be 
committed  with  absolute  impunity.  The  stale  of 
the  public  mind  became  for  a  while  apathetic. 
After  numberless  attempts  to  obtain  justice,  the 
public  fell  back  with  a  shrug  of  the  shoulders.  The 
men  of  better  feeling  found  themselves  helpless. 
As  each  man's  safetv  and  ability  to  resent  insult 


THE  STORM  GATHERS 


17!) 


depondt'd  on  liis  trigger  tingor,  the  newspapi-rs  of 
that  time  made  interesting  but  scurrilous  and 
scandalous  reading.  An  appetite  for  personalities 
developed,  and  these  derogatory  remarks  ordinarily 
led  to  personal  encounters.  The  streets  became 
battle-grounds  of  bowie-knives  and  revolvers,  as 
rivals  hunted  each  other  out.  This  picture  may 
seem  lurid  and  exaggerated,  but  the  cold  statistics 
of  the  time  supi)ly  all  the  details. 

The  politicians  of  the  dav  were  essentiallv 
fighting  men.  The  large  majority  were  low-grade 
Southerners  who  had  left  their  section,  urged 
by  unmistakable  hints  from  their  fellow-citizens. 
The  political  life  of  early  California  was  colored 
very  largely  by  the  pseudo-chivalry  which  these 
people  used  as  a  cloak.  They  used  the  Southern 
code  for  their  purposes  very  thoroughly,  and 
bullied  their  way  through  society  in  a  swash- 
buckling manner  that  could  not  but  arouse  admi- 
ration. There  were  many  excellent  Southerners 
in  California  in  those  days,  but  from  the  very  start 
their  influence  was  overshadowed  by  the  more 
unworthy.  Unfortunately,  later  many  of  the 
better  class  of  Southerners,  yielding  to  prejudice 
and  sectional  feeling,  joined  the  so-called  "Law 
and  Order"  party. 


itffe. '  '^^iMjsmmm  i  ii  11  m^-sm^mar& 


180 


THE  FORTY-NLXERS 


It  must  1)0  rt'iiu'inhorod,  howovcr,  that  wluTfji.-. 
the  activt*  nuTclianls  and  indu.strious  citizens  were 
too  busy  to  attend  to  local  politics,  the  professiojial 
low-class  Southern  j)olitician  ha<I  come  oui  to  Cali- 
fornii  for  no  other  purpose.  To  be  successful,  lie 
had  to  be  u  fighting  num.  Ilis  revolver  and  liis 
bowie-knife  were  part  of  his  essential  equipment. 
He  used  the  word  "honor"  as  a  weapon  of  defen>t', 
and  battered  down  opposition  in  the  most  higli- 
mannered  fashion  by  the  simple  expedient  of  claim- 
ing that  he  had  been  insulted.  The  fire-eater  Wiis 
numerous  in  those  days.  He  dressed  well,  luid 
good  manners  and  appearance,  possessed  abun- 
dant leisure,  and  looked  down  scornfully  on  those 
citizens  who  were  busy  building  the  city,  "low- 
Yankee  shopkeepers"  being  his  favorite  epithet. 

Examined  at  close  range,  in  contemporary  docu- 
ments, this  individual  has  about  him  little  of 
romance  and  nothing  whatever  admirable.  It 
/ould  be  a  great  pity,  were  mistaken  sentimentality 
allowed  to  clothe  him  in  the  same  bright-hucd 
garments  as  the  cavaliers  of  England  in  the  time 
of  the  Stuarts.  It  would  be  an  equal  pity,  were 
th''  casual  reader  to  condemn  all  who  eventuallv 
aligned  themselves  against  the  Vigilance  mo\e- 
ment  as  of  the  same  stripe  as  the  criminals  whe 


<i^:^i^^^^Bm!ma^s^jim . 


■Li^f^si,  >:>a 


Tin:  STORM  GATIIKRS  isi 

nu'iiiurd  society.  There  were  many  wortliy  pe()i)Ie 
whose  education  tliorou^dily  inclined  them  towards 
formal  law,  and  who,  therefore,  when  the  actual 
hreak  came,  found  themselves  supporting  hiw 
instead  of  justice. 

As  \onfr  as  the  country  continued  to  enjoy  the 
full  flood  of  prosperity,  tliese  things  did  not  greatly 
matter.     The  time  was  individualistic,  ano  every 
man  was  supposed  to  take  care  of  himself.     But  in 
the  year  1855  financial  stringency  overtook  the 
new  community.     For  lack  of  wji'er  many  of  the 
iiu'ners  had  stopped  work  and  had  to  ask  for  credit 
in   buying   their   daily  necessities.     The  country 
stores  had  to  have  credit  from  the  city  because  the 
ni'ners  ceuld  not  pay,  and  the  wholesalers  of  the 
city  agai?i  had  to  ask  extension  from  the  East 
until  their  bills  were  met  by  the  retailers.     The 
gold  of  the  f-our  try  went  East  to  pay  its  bills. 
Further   t.^   Cf>i»'^  iicate   the   matter,   all   banking 
was  at  tlii>  tin      done  by  private  firms.     These 
could  take  depuvi*    and  ni{»k,-  loans  and  could  issue 
exchange,  but  uld  not  issue  bank-note 

Therefore  tht^  c  i  .  was  absolutely  inel-.  jtic. 

Kven  these  comi  (ions  failed  to  shake  the  public 
optmiism,  until  out  '  a  clear  sky  came  announce- 
iiient  that  Adams  a  n(       >mr»,jny  had  failed.    Adams 


18-2  rm:  fokty-mnkrs 

and  Company  occupit'd  in  men's  niiii«N  iimch  tin- 
same  position  as  the  Bank  of  Kn^'Iand.  If  Adams 
ami  Comr^any  were  v.ilnerahle,  then  nohody  was 
secure.  The  assets  of  the  })ankrupt  firm  were 
turned  over  to  one  i  Ifred  Cohen  as  receiver,  with 
whom  Jones,  a  member  of  the  firm  of  Pahncr, 
Cook,  and  Company,  and  a  third  individual  mo 
associated  as  assignees.  On  petition  of  <  'cr 
creditors  the  judge  of  the  district  court  removid 
Cohc:  and  appointed  one  Xaglee  in  his  phicf. 
This  new  man,  Xaglee,  on  asking  for  the  assets 
was  told  that  they  h'ld  been  ticposited  with  Palmer, 
Cook,  and  Company.  The  latter  firm  refused  to 
give  them  up,  denying  Naglee's  jurisdiction  in  the 
matter.  Naglee  then  commenced  suit  against 
the  assignees  and  obtained  a  jud;'ment  against 
them  for  $269,000.  On  tht  refusal  to  pay  ovtr 
this  sum,  Jones  and  Cohen  were  taken  into  cus- 
tody. But  Palmer,  C(^<>k.  and  Company  influenced 
the  courts,  as  -'id  about  every  large  mercantile  or 
political  firm.  They  soon  secured  the  release  of 
the  prisoners,  and  in  the  general  scramble  for  the 
assets  of  Adams  and  Company  they  secured  the 
lion's  share. 

It  was  the  same  old  story.     An  immense  amount 
of  money  had  disappeared.   Nobody  had  been  j)uii- 


m  TBiS=jL'^*v.  -gUTviTV 


Tin:  sTOR^[  gatiffrs  i8;j 

Ishrd,  anl  it  was  all  slriclly  Ic^mI.  Failures  re.suitnl 
right  aiul  left.  Kvcri  W<'l|s.  Fjirgo,  and  <^'onip  "i\ 
clos  tJicJ  (lo(  rs  but  reopciu'd  fhem  \vi..iiu  a 
fow  day: .  TLvre  was  inucli  exciti  ;nont  wliich 
would  probahly  have  died  as  other  exciteinonl  lia«l 
(lied  before,  had  not  the  limes  produced  a  voiee  of 
compelling'  power.  This  voice  spoke  through  an 
individual  known  as  James  King  of  William. 

King  wus  a  num  of  keen  mind  and  dauntless 
courage,  who  had  tried  In's  luck  briefi.  at  the 
mines,  realized  that  the  physical  work  was  too 
much  for  hit  ,  and  had  therefore  returned  to 
mercantile  and  banking  pursuits  in  San  I'rancisco. 
His  i)eculiar  name  was  said  to  be  duo  to  the  fact 
fliat  at  the  age  of  sixteen,  finding  another  Janus 
King  in  his  immediate  circle,  lie  liad  added  hij 
father's  name  as  a  distinguishing  mark.  lie  was 
rarely  mentioned  except  with  the  full  designation — 
James  King  of  William.  On  his  return  he  opened  a 
private  banking  house,  brought  out  his  family,  and 
entered  the  life  of  the  town.  For  a  time  his  bank- 
ing career  prospered  and  he  acquired  a  moderate 
fortune,  but  in  1854  unwise  investments  forced 
him  to  close  his  office.  In  a  high-minded  f.'-shion, 
very  unusual  in  those  times  and  even  now  somewhat 
rare,  '  e  surrendered  to  his  creditors  evervthing  on 


tr.-;^  vijki^ 


imaimj^^ 


184  THE  FORTY-NiNERS 

earth  he  possessed.  He  then  accepted  a  salaried 
position  with  Adams  and  Company,  which  he  held 
until  that  house  also  failed.  Since  to  the  outsicic 
world  his  connection  with  the  firm  looked  dubious, 
he  exonerated  himself  through  a  series  of  pam- 
phlets and  short  newspaper  articles.  The  vigor 
and  force  of  their  style  arrested  attention,  so  that 
when  his  dauntless  crusading  spirit,  revolting' 
against  the  carnival  of  crime  both  subtle  and 
obvious,  desired  to  edit  a  newspaper,  he  had  no 
diflBculty  in  raising  the  small  sum  of  money  neces- 
sary. He  had  always  expressed  his  opinions 
clearly  and  fearlessly,  and  the  public  watched 
with  the  greatest  interest  the  appearance  of  tlie 
new  sheet. 

The  first  number  of  the  Daily  Evening  Bulletin 
appeared  on  October  8,  1855.  Like  all  papers  of 
that  day  and  like  many  of  the  English  papers  now, 
its  first  page  was  completely  covered  with  small 
advertisements.  A  thin  driblet  of  local  items 
occupied  a  column  on  the  third  and  fourth  pages, 
and  a  single  column  of  editorials  ran  down  the 
second.  As  a  newspaper  it  seemed  beneath  con- 
tempt, but  the  editorials  made  men  sit  up  and  take 
notice.  King  started  with  an  attack  on  Palmer, 
Cook,  and  Company's  methods.     He  said  nolhing 


.THE  STORM  GATHERS  185 

whatever  about  the  robberies.  He  dealt  exehi- 
sively  with  the  excessive  rentals  for  postal  boxes 
charged  the  public  by  Palmer,  Cook,  and  Company. 
That  seemed  a  comparatively  small  and  harmless 
matter,  but  King  made  it  interesting  by  mention- 
ing exact  names,  recording  specific  instances,  avoid- 
ing any  generalities,  and  stating  plainly  that  this 
was  merely  a  beginning  in  the  exposure  of  methods. 
Jones  of  Palmer,  Cook,  and  Company  —  that  same 
Jones  who  had  been  arrested  with  Cohen  —  Inuned- 
iately  visited  King  in  his  office  with  the  object  of 
either  intimidating  or  bribing  him  as  the  circum- 
stances seemed  to  advise.  He  br.-^gged  of  horse- 
whips and  duels,  but  returned  rather  noncommittal. 
The  next  evening  the  Bulletin  reported  Jones's 
visit  simply  as  an  item  of  news,  faithfully,  sarcas- 
tically, and  in  a  pompous  vein.  There  followed 
no  comment  whatever.  The  next  number,  now 
eagerly  purchased  by  every  one,  was  more  interest- 
ing because  of  its  hints  of  future  disclosures  rather 
than  because  of  its  actual  information.  One  of 
the  alleged  scoundrels  was  mentioned  by  name,  and 
then  the  subject  was  dropped.  The  attention  of 
the  City  Marshal  was  curtly  called  to  disorderly 
houses  and  the  statutes  concerning  them,  and  it 
was  added  "  for  his  information"  that  at  a  certain 


186  THE  FORTY-NINERS 

address,  which  was  given,  a  structure  was  then 
actually  being  built  for  improper  purposes.  Then, 
without  transition,  followed  a  list  of  official 
bonds  and  sureties  for  which  Palmer,  Cook,  and 
Company  were  giving  vouchers,  amounting  to  over 
two  millions.  There  were  no  comments  on  this 
list,  but  the  inference  was  obvious  that  the  firm 
had  the  whip-hand  over  many  public  officials. 

The  position  of  the  new  paper  was  soon  formally 
established.  It  possessed  a  large  subscription 
list;  it  was  eagerly  bought  on  its  appearance  in  the 
street;  and  its  advertising  was  increasing.  King 
again  turned  his  attention  to  Palmer,  Cook,  and 
Company.  Each  day  he  explored  succinctly, 
clearly,  without  rhetoric,  some  single  branch  of 
their  business.  By  the  time  he  had  finished  with 
them,  he  had  not  only  exposed  all  their  iniquities, 
but  he  had,  which  was  more  important,  educated 
the  public  to  the  financial  methods  of  the  time. 
It  followed  naturally  in  this  type  of  exposure  that 
King  should  criticize  some  of  the  legal  subterfuges, 
which  in  turn  brought  him  to  analysis  of  the  firm's 
legal  advisers,  who  had  previously  enjoyed  a  good 
reputation.  From  such  subjects  he  drifted  to 
dueling,  venal  newspapers,  and  soon  down  to  the 
ordinary  criminals  such  as  Billy  Mulligan,  Wooley 


THE  STORM  GATHERS  187 

Kearny,  Casey,  Cora,  Yankee  Sullivan,  Ned  Mc- 
Gowan,  Charles  Duane,  and  many  others.  Never 
did  he  liesitate  to  specify  names  and  instances. 
He  never  dealt  in  innuendoes.  This  was  bringing 
him  very  close  to  personal  danger,  for  worthies  of 
the  class  last  mentioned  were  the  sort  who  carried 
their  pistols  and  bowie-knives  prominently  dis- 
played and  handy  for  use.  As  yet  no  actual  vio- 
lence had  been  attempted  against  him.  Other 
methods  of  reprisal  that  came  to  his  notice  King 
published  without  comment  as  items  of  news. 

Mere  threats  had  little  effect  in  intimidating 
the  editor.  More  serious  means  w*Te  tried.  A 
dozen  men  publicly  announced  that  they  intended 
to  kill  him  —  and  the  records  of  the  dozen  were 
pretty  good  testimonials  to  their  sincerity.  In  the 
gambling  resorts  and  on  the  streets  bets  were  made 
and  pools  formed  on  the  probable  duration  of 
King's  life.  As  was  his  custom,  he  commented 
even  upon  this.  Said  the  Bulletins  editorial 
columns:  "Bets  are  now  being  offered,  we  have 
been  told,  that  the  editor  of  the  Bulletin  will  not 
be  in  existence  twenty  days  longer.  And  the  case 
of  Dr.  Hogan  of  the  Vicksburg  paper  who  was 
murdered  by  gamblers  of  that  place  is  cited  as  a 
warning.     Pah!  .  .  .     War  then  is  the  cry,  is  it.' 


188  THE  FORTY-NINERS 

War  between  the  prostitutes  and  gunil^lers  on  one 
side  and  the  virtuous  and  respectable  on  the  other! 
Be  it  so,  then!  Gamblers  of  San  Francisco,  you 
have  made  your  election  and  we  are  ready  on  our 
side  for  the  issue!"  A  man  named  Selover  sent 
a  challenge  to  King.  King  took  this  occasion  to 
announce  that  he  would  consider  no  challenges 
and  would  fight  no  duels.  Selover  then  announced 
his  intention  of  killing  King  on  sight.  Says  the 
Bulletin:  "Mr.  Selover,  it  is  said,  carries  a  knife. 
^Ye  carry  a  pistol.  We  hope  neither  will  be 
required,  but  if  this  rencontre  cannot  be  avoided, 
why  will  Mr.  Selover  persist  in  imperiling  the 
lives  of  others.^  We  pass  every  afternoon  about 
half-past  four  to  five  o'clock  along  Market  Street 
from  Fourth  to  Fifth  Streets.  The  road  is  wide 
and  not  so  much  frequented  as  those  streets 
farther  in  town.  If  we  are  to  be  shot  or  cut  to 
pieces,  for  heaven's  sake  let  it  be  done  there. 
Others  will  not  be  injured,  and  in  case  we  fall  our 
house  is  but  a  few  hundred  yards  beyond  and  the 
cemetery  not  much  farther."  Boldness  suci  's 
this  did  not  act  exactly'  as  a  soporific. 

About  this  time  was  perpetrated  a  crime  of 
violence  no  worse  than  many  hundreds  which 
had  preceded  it,  but  occurring  at  a  psychological 


THE  STORM  GATHERS  189 

time.  A  gambler  named  Charles  Cora  shot  and 
killed  William  Richardson,  a  United  States 
inarshal.  The  shooting  was  cold-blooded  and 
without  danger  to  the  murderer,  for  at  the  time 
Richardson  was  unarmed.  Cora  was  at  once 
hustled  to  jail,  not  so  much  for  confinement  as 
for  safety  against  a  possible  momentary  i)ublic 
anger.  Men  had  been  shot  on  the  street  before  — 
many  men,  some  of  them  as  well  known  a-id  as 
well  liked  as  Richardson — but  not  since  public 
sentiment  had  been  aroused  and  educated  as  the 
Bulletin  had  aroused  and  educated  it.  Crowds 
commenced  at  once  to  gather.  Some  talk  of 
lynching  went  about.  Men  made  violent  street- 
corner  speeches.  The  mobs  finally  surged  to 
the  jail,  but  were  firmly  met  by  a  strong  armed 
guard  and  fell  back.  There  was  much  destructive 
and  angry  talk. 

But  to  swing  a  mob  into  action  there  must  be 
determined  men  at  its  head,  and  this  mob  had  no 
leader.  Sam  Brannan  started  to  say  something,  but 
wa3  promptly  arrested  for  inciting  riot.  Though 
the  situation  was  ticklish,  the  police  seem  to  have 
handled  it  well,  making  only  a  passive  opposition 
and  leaving  the  crowd  to  fritter  its  energies  in 
purposeless  cursing,  surging  to  and  fro,  and  har     • 


190  THE  FORTY-MXERS 

less  throateniriKs.     Xevertholess  this  crowd  per- 
sisted  longer  than  most  of  them. 

The  next  day  the  Bulletin  vigorously  counseled 
dependence  upon   the  law,   expressed  confidence 
in  the  judges  who  were  to  try  the  case  — Hager 
and  Norton  — and  voiced  a  personal  belief  that 
the  day  had  passed  when  it  would  ever  be  ne- 
cessary to  resort  to  arbitrary  measures.     It  may 
hence  be  seen  how  far  from  a  contemplation  of 
extra  legal  measures  was  King  in  his  public  at- 
titude.    Nevertheless  he  added  a  paragraph  of 
warning:     "Hang    Billy    Mulligan  — that's    the 
word.     If  :Mr.  Sheriff  Scannell  does  not  remove 
Billy  Mulligan  from  his  present  post  as  keeper 
of  the  County  Jail  and  Mulligan  lets  Cora  escape, 
hang  Billy  Mulligan,  and  if  necessary  to  get  rid 
of  the  sheriff,  hang  him  — hang  the  sheriff!" 

Public  excitement  died.  Conviction  seemed 
absolutely  certain.  Richardson  had  been  a  public 
official  and  a  popular  one.  Cora's  action  had 
been  cold-blooded  and  apparently  wi  out  pro- 
vocation. Nevertheless  he  had  remained  undis- 
turbed. He  had  retained  one  of  the  most  brilliant 
lawyers  of  the  time,  James  McDougall.  McDou- 
gall  added  to  his  staff  the  most  able  of  the  younger 
lawyers   of  the  city.     Immense  sums  of  money 


TIIK  STORM  (.ATIIERS  101 

were  available.  The  soiiree  is  not  exactly  known, 
but  a  certain  Belle  Cora,  a  prostitute  afterwanls 
married  by  Cora,  was  advancing  large  amounts. 
A  man  named  James  Casev,  bound  bv  some 
mysterious  obligation,  was  active  in  taking  up 
general  collections.  Cora  lived  in  great  luxury 
at  the  jail.  He  had  long  been  a  close  personal 
friend  of  the  sheriff  and  his  deputy,  ]Mulligan. 
When  the  case  came  to  trial,  Cora  escaped  con- 
viction through  the  disagreement  of  the  jury. 

This  fiasco,  following  King's  editorials,  had  a 
profound  effect  on  the  public  mind.  King  took 
the  outrage  against  justice  as  a  fresh  starting- 
point  for  new  attacks.  He  assailed  bitterly  and 
fearlessly  the  countless  abuses  of  the  time,  until 
at  last  he  was  recognized  as  a  dangerous  opponent 
by  the  heretofore  cynically  amused  higher  crinn*- 
nals.  Many  rumors  of  plots  against  King's  life 
are  to  be  found  in  the  detailetl  historv  of  the  dav. 
Whether  his  final  assassination  w^as  the  result  of  one 
of  these  plots,  or  simply  the  outcome  of  a  burst 
of  passion,  matters  little.  Ultimately  it  had  its 
source  in  the  ungoverned  spirit  of  the  times. 

Four  months  after  the  farce  of  the  Cora  trial, 
on  May  14,  King  published  an  attack  on  the 
appointment  of  a  certain  man  to  a  position  in  the 


102  TIIE  FORTY-XINERS 

fetleral  custom  house.  The  candidate  had  hap- 
pened to  be  involved  with  James  P.  Casey  in  a 
disgraceful  election.  Casey  was  at  that  time  one 
of  the  supervisors.  Incidental  to  his  attack  on  the 
candidate,  King  wrote  as  follows:  "It  does  not 
matter  how  bad  a  man  Casey  had  been,  or  how 
nmch  benefit  it  might  be  to  the  public  to  have  him 
out  of  the  way,  we  cannot  accord  to  any  one 
citizen  the  right  to  kill  him  or  even  beat  him, 
without  justifiable  provocation.  The  fact  that 
Casey  has  been  an  inmate  rf  Sing  Sing  prison  in 
New  York  is  no  offense  against  the  laws  of  this 
State;  nor  is  the  fact  of  his  having  stuffed  himself 
through  the  ballot  box,  as  elected  to  the  Board  of 
Supervisors  from  a  district  where  it  is  said  he  was 
not  even  a  candidate,  any  justification  for  ISIr. 
Bagley  to  shoot  Casey,  however  richly  the  latter 
may  deserve  to  have  his  neck  stretched  for  sucii 
fraud  on  the  people. " 

Casey  read  this  editorial  in  full  knowledge 
that  thousands  of  his  fellow-citizens  would  also 
read  it.  He  was  at  thai  time,  in  addition  to  his 
numerous  political  cares,  editor  of  a  small  news- 
paper called  The  Sunday  Times.  This  had  been 
floated  for  the  express  purpose  of  supporting  tin 
extremists  of  the  legalists'  party,  which,  as  we  have 


THE  STORM  GATHERS  lOiJ 

explained,  now    included  the  pinil)liii^'   and  Ijiw- 
less   elenien*.     How   vjdual)!e   he  was  consich-red 
is  shown  by  tlie  fact  that  at  a  previous  eK-ction 
Casey  had  been   returned   as   elected   supervisor, 
although  he  had  not  been  a  candidate,  his  name 
had  not  been  on  the  ticket,  a..d  subse(|uent  private 
investigations  could  unearth  no  num  who  would 
acknowledge  having  voted   for  him.     Indee*!,  he 
was  not  even  a  resident  of  that  district.     However, 
a  slick  politicia  1  named  Yankee  Sullivan,  who  ran 
the  election,  said  officially  that  the  most  votes  had 
heen  counted  for  him;  and  so  his  election  was  an- 
nounced.    Casey  was  a  hand\  tool  in  numv  wavs. 
rarely  appearing  in  person  but  adept  in  selecting 
suitable  agents.     He  was  personally  poi)ular.     In 
ai)pearance  he  is  described  as  a  short,  slight  man 
with  a  keen  face,  a  good  forehead,  a  thin  but  florid 
countenance,  dark  curly  hair,  and  blue  eyes;  a 
type  of  unscrupulous  Irish  adventurer,  with  per- 
haps  the  dash   of  romantic  idealism   sometimes 
found  in  the  worst  scoundrels.     Like  most  of  his 
confreres,  he  was  particularly  touchy  on  the  sub- 
ject of  his  "honor.  ' 

On  reading  the  Bulletin  editorials,  he  proceeded 
at  once  to  King's  office,  announcing  his  intention 

of  shooting   the   editor   on   sight.     Probably    he 
13 


li)4 


THK  FORTY-MNKUS 


would  liavi'  <l<>ne  so  fxct'pt  for  tlu*  accidi'iitul  cir- 
cuiustaiici'  thai  Kiti^'  liapiu'iu'd  lo  he  husy  at  a 
tal)Ir  willi  liis  hack  luriu'd  s(jiianly  to  the  door. 
Even  Casey  j-ould  not  sljoot  a  man  in  the  hack 
without  a  V  »•(!  of  warning'.  lie  was  stuttering' 
and  excite*!.  Tlie  interview  was  overheard  hy  tw</ 
men  in  an  adjoining  office. 

"Wliat  <lo  you  mean  l)y  that  article?"  cried 
Casey. 

"What  article.'"  asked  Kiu^. 

''That  vhich  savs  I  was  formerlv  an  inmate  of 

I-  «f 

mg  Suj^'. 

"Is  it  not  true.'"  asked  Kin^  (luietly. 

"That  is  not  the  (juestion.  i  <lon't  wish  my 
past  acts  raked  up.  On  that  point  I  am  sensi- 
ive. 

A  slight  i)ause  ensued. 

"Are  you  done.'"  asked  King  f|uietly.  Then 
leaping  from  the  chair  he  burst  suddenly  into 
excitement. 

"There's  the  door,  go!  And  never  show  your 
face  here  again." 

Casey  had  lost  his  advantage.  At  the  door  lie 
gathered  himself  together  again. 

"I'll  s.iy  in  my  paper  what  I  please,"  he  asserted 
witli  a  show  of  bravado. 


:\,x 


an»]  Casr    went, 
ftmnd   .J    crowd 
l^    to    the   /'i/JIctin 
nil  fri'iiiN  crowded 


Till-:  STORM  r.ATIIi:  is  105 

King  was  again  in  con'rol  of  liiiii>    f. 

"You  have  a  pcrl'cct  right  to  do  .so  '  he  rejoined. 
"I  shall  never  notice  your  paper." 

Casey  stru'-k  himself  on  tlie  l»rea>  . 

"And  if  necessary  I  shall  defend  myself,"  he 
cried. 

King  bounded  again  fron^  his  seat,  livid  with 
anger. 

"do,"  he  commanded  sh; 

Outside  in  the  street  « 
waiting.  The  news  of  hi-^ 
office  had  spread.  His  pet 
around  asking  eager  quest  <»fis.  ^"hmv  an.Hwert-d 
with  vague  generalities:  he  WH«.r»  ?  i*  nan  to  he 
trifled  with,  and  some  j^^'opjc  h  .  ]  tu.  fiii<l  out! 
Blackmailing  was  not  a  1  .uJtli^  -Kfnip.ition  when 
it   aimed   at  a  gentlen'   nl    He  tin*  general 

impression  that  King     ad  ap.  »l<     m  A.     Bragging 
in  this  manner,  Casey  led  th  in  the  Bank 

Exchange,   the  fashionable  biu-  far  distant. 

Here  he  remained  drinking  and  Ujaating  for  some 
time. 

In  the  group  that  surrounded  him  was  i  certain 
Judge  Edward  McGowan,  a  jolly,  hard-(irinking, 
noisy  individual.  He  had  been  formerly  a  fugitive 
from  justice.     However,  through  the  attractions 


190  THE  FORrY-NINKIlS 

of  a  frny  life,  a  cunibination  of  bullying  and 
intrigur,  he  had  inado  hinisolf  a  place  in  llie  new- 
city  and  liad  at  last  risen  to  the  hench.  He  was 
api)arenlly  easy  to  fathom,  hut  the  stream  really 
ran  (h-ep.  Some  historians  claim  that  he  had 
furnishe<l  Kin^'  the  document  which  proved  Cas«'y 
an  ex-convict.  It  is  certain  that  now  he  had 
great  influence  with  Casey,  and  that  he  drew 
him  aside  from  llie  bar  and  talked  with  him  some 
time  in  a  low  voice.  Some  people  insist  that  he 
furnished  the  navy  re\'olver  with  which  a  few 
moments  later  Casey  shot  King.  This  may  he 
so,  but  every  man  weat  armed  in  those  days, 
especially  men  of  Casey's  stamp. 

It  is  certain,  however,  that  after  his  interview 
with  McGowan,  Casej  took  his  place  across  the 
street  from  the  Bank  Exchar.re.  There,  wrapped 
in  his  cloak,  he  awaited  King's  usual  promenade 
home. 

That  for  some  time  his  intention  was  well 
known  is  proved  by  the  group  that  little  by  littlo 
gatliered  on  the  opposite  side  of  the  street.  It  is  a 
matter  of  record  that  a  small  boy  passing  by  was 
commandeered  and  sent  with  a  message  for  Pet<  r 
Wrightman,  a  deputy  sheriff.  Pete,  out  of 
breath,  soon  joined  the  group.     There  he  idled, 


^:'^:\\^-f'^^'  "^i^^^jTwwff 


Till:  STOHM  (JATIIKHS  i}>7 

Jilso  watching,  —an  officijil  cliargc*!  with  fhr  rnain- 
tcnanct'  of  the  hiw  of  the  hind! 

At  just  fivf  oVKkIv  King  turned  the  corner,  his 
liead  bent.  lie  started  to  cross  the  slreet  di- 
agonally and  had  .ihnost  reached  the  oi)|)osite 
sidewalk  when  he  was  confronted  In-  Casey  who 
stei){)e(l  forward  from  his  place  of  concealment 
behind  a  wagon. 

"Come  on,"  he  said,  throwing  back  his  cloak, 
and  inmiediately  fired.  King,  who  could  not  have 
known  what  Casey  was  saying,  was  shot  through 
the  left  breast,  staggered,  and  fell.  Casey  then 
took  several  steps  toward  his  victim,  looked  at  him 
closely  as  though  to  be  sure  he  had  done  a  good 
job,  let  down  the  hammer  of  his  pistol,  picked  up 
his  cloak,  and  started  for  the  police-station.  All 
he  wanted  now  was  a  trial  under  the  law. 

The  distance  to  the  station-house  was  less  than 
a  block.  Instantly  at  the  sound  of  the  shot  his 
friends  rose  about  him  and  guarded  liim  to  the 
shelter  of  the  lock-up.  But  at  last  the  public  was 
aroused.  Casey  had  unwittingly  cut  down  a 
symbol  of  the  better  element,  as  well  as  a  fearless 
and  noble  man.  Someone  rang  the  old  Monu- 
mental Engine  House  bell  —  the  bell  that  had  been 
used  to  call  together  the  Vigilantes  of  1851.     The 


198  THE  FORTV-NIXERS 

news  spread  about  the  city  like  wildfire.  An 
iimnense  mob  appeared  to  spring  from  nowhere. 

The  police  officials  were  no  fools;  they  recog- 
nized the  (|uality  of  the  approaching  hurricane. 
The  city  jail  was  loo  weak  a  structure.  It  was 
desirable  to  move  the  prisoner  at  once  to  the 
county  jail  for  .safe-keeping.  A  carriage  was 
brought  to  the  entrance  of  an  alley  next  the  city 
jail;  the  i)risoner,  closely  surrounded  by  armed 
men,  was  rushed  to  it;  and  the  vehicle  charged  out 
through  the  crowd.  The  mob,  as  yet  unorganized, 
recoiled  instinctively  before  the  plunging  horses 
and  the  presented  pistols.  Before  anybody  could 
gather  his  wits,  the  equii)age  had  disappeared. 

The  mob  surged  after  the  disappearing  vehicle, 
and  so  ended  up  finally  in  the  wide  open  .space 
before  the  county  jail.  The  latter  was  a  solidly 
built  one-story  building  situated  on  top  of  a  low 
cliff.  North,  the  marshal,  had  drawn  up  his 
armed  men.  The  mob,  very  excited,  vociferated, 
surging  back  and  forth,  though  they  did  not 
rush,  because  as  yet  they  had  no  leaders.  At- 
tempts were  made  to  harangue  the  gathering,  but 
everywhere  the  speeches  were  cut  short.  At  u 
crucial  moment  the  militia  appeared.  The  crowd 
thought  at  first  that  the  volunteer  troops   were 


THE  STORM  (lATHKRS  l!)9 

coming  to  uphold  their  own  .si(U\  hut  wcrr  soon 
undeceived.  The  troops  deployed  in  front  of  the 
jail  and  stood  at  guard.  Just  then  the  nuiyor 
attempted  to  address  the  crowd. 

"You  are  here  creating  an  excitement,"  he 
said,  "which  may  lead  to  occurrences  this  night 
which  will  require  years  to  wipe  out.  "^'ou  are 
now  laboring  under  great  excitement  and  I  advise 
you  to  quietly  disperse.  I  assure  you  the  prisoner 
is  safe.  Let  the  law  have  its  course  and  justice 
will  he  done." 

He  was  listened  to  with  respect,  up  to  this 
point,  but  here  arose  such  ji  chorus  of  jeers  that 
he  retiretl  hastily. 

"How  about  Richardson.'"  they  demanded  of 
him.  "Where  is  the  law  in  Cora's  case?  To  hell 
with  such  justice!" 

More  and  more  soldiers  came  into  the  square, 
which  was  soon  filled  with  bayonets.  I'he  favor- 
able moment  had  passed  and  this  particular 
crisis  was,  like  all  the  other  sinnlar  crises, 
(|uickly  over.  But  the  citj-  was  aroused.  Mass 
meetings  w(Te  held  in  the  Plaza  and  in  other 
convenient  localities.  Many  meetings  took  place 
in  rooms  in  different  parts  of  the  city.  Men  armed 
by  the  thousands.     Vehement  orators  held  forth 


200  THE  FORTY-NINERS 

from  every  balcony.  Some  of  these  people  were 
as  a  chronicler  of  the  times  (juaintly  expressed  it, 
"considerably  tight."  There  was  great  diversity 
of  opinion.  All  night  the  city  seethed  with  ill- 
directed  activity.  But  men  felt  helpless  and 
hoj)eless  for  want  of  efficient  organization. 
.  The  so-called  Southern  chivalry  called  this 
affair  a  "fight."  Indeed  the  IleraJd  in  its  issue 
of  the  next  morning,  mistaking  utterly  the  times, 
held  boldly  along  the  way  of  '^s  sympathies.  Il 
also  spoke  of  the  assassination  as  an  "affray," 
and  stated  emphatically  its  opinion  that,  "now 
that  justice  is  regularly  administered,"  there- 
was  no  excuse  for  even  the  threat  of  public  vio- 
lence. This  utter  blindness  to  the  meaning  of 
the  new  movement  and  the  far-reaching  effect  of 
King's  previous  campaign  proved  fatal  to  tlio 
paper.  It  declined  imm  ■!  ately.  In  the  mean- 
time, attended  by  his  wife  and  a  whole  score  of 
volunteer  physicians.  King,  lying  in  a  room  in  tlu- 
Montgomery  block,  was  making  a  fight  for  his 
life. 

Then  people  began  to  notice  a  small  advertise- 
ment on  the  first  page  of  the  morning  papers, 
headed  2he  Vigilance  Committee. 

"The  members  of  the  Vigilance  Committee  in 


THE  STORM  GATHERS  201 

good  standing  will  please  meet  at  number  1053^ 
Sacramento  Street,  this  day,  Thursday,  fifteenth 
instant,  at  nine  o'clock  A.  M.  By  order  of  the 
Committee  of  Thirteen.  " 

People  stood  still  in  the  streets,  when  this 
notice  met  the  eye.  If  this  was  actually  the  old 
Committee  of  1851,  it  meant  business.  There 
was  but  one  way  to  find  out  and  that  was  to  go 
and  see.  Number  lOoJ^  Sacramento  Street  was  a 
three-story  barn-like  structure  that  had  been  built 
by  a  short-lived  political  party  called  the  "Know- 
Nothings."  The  crowd  poured  into  the  hall  to 
its  full  capacity,  jammed  the  entrance  ways,  and 
gathered  for  blocks  in  the  street.  There  all  waited 
patiently  to  see  what  would  happen. 

Meantime,  in  the  small  room  back  of  the  stage, 
about  a  score  of  men  gathered.  Chief  .^mong 
all  stood  William  T.  Coleman.  He  had  taken  a 
prominent  part  in  the  old  Committee  of  '51. 
With  him  were  Clancey  Dempster,  small  and  mild 
of  manner,  blue-eyed,  the  last  man  in  the  r  im 
one  would  have  picked  for  great  stamina  and 
courage,  yet  playing  one  of  the  leading  roles  in 
this  crisis;  the  merchant  Truett,  towering  above 
all  the  rest;  Farwell,  direct,  uncompromising,  in- 
spired   with    tremendous    single-minded   earnest- 


^202  THE  FORTY-NINERS 

ness;  James  Dovvs,  of  tlio  rough  and  ready,  humor- 
ous, bhis})h('mous,  liorse-sense  typo;  Hossefros>. 
of  the  Committee  of  'ol:  Dr.  Beverly  Cole,  higli- 
spirited,  distinguished-looking,  and  courtly;  Isaac 
Bluxome,  whose  signature  of  ".S,S  Secretary"  was 
to  become  terrible,  and  who  also  had  served  well 
in  1851.  These  and  many  more  of  their  type 
were  considering  the  question  dispassionately  and 
earnestly. 

"It    is    a    serious    business,"    said    Coleman, 
summing  up.     "It   is  no  child's  play.     It   may 
prove  very  serious.     We  may  get  through  quickly 
and  safely,  or  we  may  so  involve  ourselvei. 
never  to  get  through. " 

"The  issue  is  not  one  of  choice  but  of 
expediency,"  replied  Dempster.  "Shall  we 
have  vigilance  with  order  or  a  mob  witli 
anarchy.'" 

In  this  spirit  Coleman  addressed  the  crowd 
waiting  in  the  large  hall. 

"In  view  of  the  miscarriage  of  justice  in  I  lie 
courts,"  he  announced  briefly,  "it  has  bern 
thought  expedient  to  revive  the  Vigilance  Com- 
mittee. An  Executive  Council  should  be  chosen, 
representative  of  the  whole  oody.  I  have  be*  n 
asked  to  take  charge.     I   will  do  so,  but  must 


THE  STORM  GATHERS  203 

stipulate  that  I  am  to  be  free  to  choose  the  first 
council  myself.     Is  that  a^'reed?" 

He  received  a  roar  of  assent. 

"Very  well,  gentlemen,  I  shall  request  you  to 
vacate  the  hall.  In  a  short  time  the  books  will  be 
open  for  enrollment." 

With  almost  disciplined  docility  the  crowd  arose 
and  filed  out,  joining  the  other  crowd  wailing 
patiently  in  the  street. 

After  a  remarkably  short  period  the  doors  were 
again  thrown  open.  Inside  the  passage  stood 
twelve  men  later  to  be  known  as  the  Executive 
Committee.  These  held  back  the  rush,  admitting 
but  one  man  at  a  time.  The  crowd  immediately 
caught  the  idea  and  helped.  There  was  abso- 
lutely no  excitement.  Every  man  seemed  grimly 
in  earnest.  Cries  of  "Order,  order,  line  up!" 
came  all  down  the  street.  A  rough  queue  was 
formed.  There  were  no  jokes  or  laughing;  there 
was  even  no  talk.  Each  waited  his  turn.  At  the 
entrance  every  applicant  was  closely  scrutinized 
and  interrogated.  Several  men  were  turned  back 
peremptorily  in  the  first  few  minutes,  with  the 
warning  not  to  dare  make  another  attempt. 
Passed  by  this  Committee,  the  candidate  climbed 
the  stairs.     In  the  second  story  behinrl  a  table  sat 


204 


THE  FORTY-NINERS 


Coleman,  Dempster,  and  one  other.  These  ad- 
ministered to  him  an  oath  of  secrecy  and  then 
passed  him  into  another  room  where  sat  Bluxonie 
behind  a  ledger  Here  his  name  was  written  and  lie 
was  assigned  a  number  by  which  henceforth  in  tlir 
activities  of  the  Committee  he  was  to  be  known. 
Members  were  instructed  always  to  use  numbers 
and  never  names  in  referring  to  other  members. 

Those  who  had  been  enrolled  waited  for  some 
time,  but  finding  that  with  evening  the  applicants 
were  still  coming  in  a  long  procession,  they  gradu- 
ally dispersed.  No  man,  however,  departed  far 
from  the  vicinity.  Short  absences  and  hastily 
snatched  meals  were  followed  by  hurried  returns, 
lest  something  be  missed.  From  time  to  time 
rumors  were  put  in  circulation  as  to  the  activities 
of  the  Executive  Committee,  which  had  been  in 
continuous  session  since  its  appointment.  An 
Examining  Committee  had  been  appointed  to 
scrutinize  the  applicants.  The  number  of  the 
Executive  Committee  had  been  raised  to  twenty - 
six;  a  Chief  of  Police  had  been  chosen,  and  he  in 
turn  appointed  messengers  and  policemen,  who 
set  out  in  search  of  individuals  wanted  as 
door-keepers,  guards,  and  so  forth.  Only  regis- 
tered members  were  allowed  on  the  floor  of  tl  j 


THE  STORM  GATHERS  205 

^' ■  hall.     Even  the  newspaper  .'eporters  were  g*..tly 

hut  firmly  ejected.     There  was  no  excitement  or 
impatience. 

At  length,  at  eight  o'clock,  Coleman  came  ouc 
of  one  of  the  side-rooms  and,  mounting  a  table, 
called  for  order.  lie  explained  that  a  military 
organization  had  been  decided  upon,  advised 
that  numbers  1  to  100  inclusive  should  assemble 
in  one  corner  of  the  room,  the  second  hundred 
at  the  first  window,  and  so  on.  An  interesting 
order  was  Is  last.  "Let  the  French  assemble  in 
the  middle  of  the  hall,"  he  said  in  their  language  — 
an  order  significant  of  the  great  numbers  of  French 
who  had  first  answered  the  call  of  gold  in  '49,  and 
who  now  with  equal  enthusiasm  answered  the  call 
for  essential  justice.  Each  company  was  advised  to 
elect  its  own  officers,  subject  to  ratification  by  the 
Executive  Committee.  It  was  further  stated  that 
arrangements  had  been  made  to  hire  muskets  to 
the  number  of  several  thousands  from  one  George 
Law.  These  were  only  flintlocks,  but  efficient 
enough  in  their  way,  and  supplied  with  bayonets. 
They  were  discarded  government  weapons,  brought 
out  some  time  ago  by  Law  to  arm  some  mysterious 
filibustering  expedition  that  had  fallen  through. 
In  this  manner,  without  confusion,  an  organization 


206  TIIK  KORTV-MXERS 

of  two  thousand  men  was  formed  —  sixteen  mili- 
tary companies. 

By  Saturday  morning,  May  17,  the  Commilttc 
rooms  were  overwhelmed  by  crowds  of  citizens 
who  desired  to  he  enroUed.  Larger  quarters 
had  already  been  secured  in  a  building  on  the 
south  side  of  Sacramento  Street.  Thither  the 
Committee  now  re  oved  en  masse,  without  in- 
terrupting their  labors.  These  new  headquarters 
soon  became  famous  in  the  history  of  this  eventful 
year. 

In  the  meantime  the  representatives  of  the 
law  had  not  been  less  alert.  The  regular  police 
force  was  largely  increased.  The  sheriff  issued 
thousands  of  summonses  calling  upon  citizens  for 
service  as  deputies.  These  summonses  were  made 
out  in  due  form  of  law.  To  refuse  them  meant  to 
put  oneself  outside  the  law.  The  ordinary  citizen 
was  somewhat  puzzled  by  the  situation.  A  great 
many  responded  to  the  appeal  from  force  of  luihit. 
Once  they  accepted  the  oath  these  new  deputies 
were  confronted  by  the  choice  between  perjury, 
and  its  consequences,  or  doing  service.  On  the 
other  hand,  the  issue  of  the  summonses  forced 
many  otherwise  neut:  .1  men  into  the  ranks 
of  the  Vigilantes.     If  they  refused  to  act  wlien 


THE  STORM  GATHERS  20? 

directly  suinnioned  by  law,  that  very  fact  placed 
them  on  the  wrong  side  of  the  law.  Therefore  they 
felt  that  joining  a  party  pledged  to  what  prac- 
tically amounted  to  civil  war  was  only  a  short  step 
further.  Against  these  the  various  military  com- 
panies were  mustered,  reminded  of  their  oath,  called 
upon  to  fulfill  their  sworn  duty,  and  sent  to  variou  • 
strategic  points  about  the  jail  and  elsewhere.  The 
Governor  was  informally  notified  of  a  state  of  in- 
surrection and  was  requested  to  send  in  the  state 
militia.  By  evening  ill  the  forces  of  organized 
society  were  under  arms,  and  the  result  was  a 
formidable,  apparently  impregnable  force. 

Nor  was  the  widespread  indignation  against 
the  shooting  of  James  King  of  William  entirely 
unalloyed  by  bitterness.  King  had  been  a  hard 
hitter,  an  honest  man,  a  true  crusader;  but  in  the 
heat  of  battle  he  had  not  always  had  time  to  make 
distinctions.  Thus  he  had  quite  justly  attacked 
the  Times  and  other  venal  newspapers,  but  in  so 
doing  had,  by  too  general  statements,  drawn  the 
fire  of  every  other  journal  in  town.  He  had 
attacked  with  entire  reason  a  certain  Catholic 
prirst,  a  man  the  Church  itself  would  probably 
soon  have  disciplined, ..  it  in  so  doing  had  managed 
to  enrage  all  Roman  Catholics.     In  like  manner 


208  THE  FORTY-NINERS 

hli  scorn  of  the  so-called  "chivalry"  was  certainly 
well  justified,  but  his  manner  of  expression  offende<I 
even  the  l)est  Southerners.  Most  of  us  see  no 
farther  than  the  in^»  ediate  logic  of  the  situation. 
Those  perfectly  worthy  citizens  were  inclined 
to  view  the  Vigilantes,  not  as  a  protest  against 
intolerable  conditions,  but  rather  as  j  'rsonal 
champions  of  King. 

In  thus  relying  on  the  strength  of  their  position 
the  upholders  of  law  realized  that  there  might  !)»• 
fighting,  and  even  severe  fighting,  but  it  must  lie 
remembered  that  the  Law  and  Order  party  loved 
fighting.  It  was  part  of  their  education  and  of 
their  pleasure  and  code.  No  wonder  that  thcv 
viewed  with  equanimity  and  perhaps  with  joy 
the  beginning  of  the  Vigilance  movement  of  18jG. 

The  leaders  of  the  Law  and  Order  party  chose 
as  their  military  commander  William  Tecumsch 
Sherman,  whose  professional  ability  and  integrity 
in  later  life  are  unquestioned,  but  whose  military 
genius  was  equaled  only  by  his  extreme  inability 
to  remember  facts.  When  writing  his  Memoirs, 
the  General  evidently  forgot  that  original  docu- 
ments existed  or  that  statements  roncerning 
historical  events  can  often  be  checked  up.  A 
mere  mob  is  irresponsible  and  anonymous.     But 


THE  STORM  GATHERS  aoi) 

it  was  not  u  nioh  with  whom  SluTniuii  was  faced, 
for,  as  a  final  satisfaction  to  the  Ic^'al-niin(ic<l, 
the  men  of  the  Vigihince  Committee  ha<l  put 
down  their  names  on  record  as  resjMinsihle  for 
this  movement,  and  it  is  upon  contemporary 
record  that  tlie  story  of  these  eventful  days  must 
rely  for  its  detuihi. 


CHAPTKU  XIV 


THE  STOUM  BREAKS 


I  ■ 


The  Governor  of  the  Stale  at  this  time  was 
Xeely  Johnson,  a  politician  whose  merits  .n 
demerits  were  both  so  sh'glit  tliat  he  would  loi 
since  have  been  forgotten  were  it  not  f>)r  the  f;i 
that  he  occupied  office  during  this  excitenicr 
His  whoU?  life  heretofore  had  been  one  of  trir 
ming.  He  had  made  his  way  by  this  metlio 
and  he  gained  the  Governor's  chair  by  yiehlirij,' 
the  opinion  of  others.  He  took  his  color  and  li 
temporary  belief  from  those  witli  \Ahom  he  ha] 
pened  to  be.  His  judgment  often  stuck  at  trifle 
and  Iiis  opinicms  were  quickly  heated  but  ; 
quickly  cooled.  The  added  fact  that  his  priva 
morals  were  not  above  criticism  gave  men  ii 
added  hold  over  him. 

On  receipt  of  the  request  for  the  state  niiliti 
by  the  law  party,  but  not  by  the  proper  author 
ties,  Governor  Johnson  hurried  down  from  Sacn 

210 


?  was  J 

rits  iini] 
uld  Ion;' 
the  f;i(t 
itonicnt. 
of  trini- 
nu'tliod. 
'Idinir  t(i 

and  lii^ 
he  liap- 
t  trifles 

hut  as 
i  j)rivati' 
men   an 

L'  militia 
autliori- 
n  Sacra 


THK  STORM  RRKAKS  ni 

m<nto  to  Sun  Francisco.  In.nu'dialcly  on  arriving 
in  the  city  he  sent  word  to  Coleman  re(iuestin« 
an  interview.  Coleman  at  once  visited  him  at 
his  hotel.  Johnson  apparently  made  every  effort 
to  appear  amiahle  ancj  conciliatory.  In  answer  to 
all  ((uestions  Coleman  replie«l: 

"We   want  peace,  and  if  possible  without   a 

struggle." 

"It  is  all  very  well."  said  Jolmson,  "to  talk 
about  peace  with  an  army  of  insurrection  newly 
raised.  But  what  is  it  you  actually  wish  to 
accomplish.^" 

"The  law  is  crippled,"  replied  Coleman.     "V 
want  merely    to  accomplish  what    the    cripj      i 
law  should  do  but  cannot.     This  done,  we    ,.:' 
gladly  retire.     Now  you  have  been  asked  by  the 
mayor  and  certain  others  to  bring  out  the  militia 
and  crush  this  movement.     I  assure  you  it  cannot 
bo  done.   and.   if  you  attempt   it,   it   will  cause 
you    and    us    great    trouble.     Do    as    Governor 
McDougal   did   in    '51.     See   in    this   movement 
what  he  saw  in  that  — a  local  movement  for  a 
local  reform  in  which  the  State  is  not  concerned. 
Ue  are  not  a  mob.     We  demand  no  overthrow 
of  institutions.     We  ask  not    a    single  court    to 
ii'ljourn.     W'e  ask  not  a  single  officer  to  vacate 


ttj^-'"m^' 


212  THE  FORTY-XIXERS 

his  position.     "We  demand  only  the  enforcemen 
of  the  law  which  we  have  made." 

This  expression  of  intention,  with  a  little  elaho 
ruLion  and  argument,  fired  Johnson  to  enthusi 
^.srn.  ITc  gave  his  full  support,  unofficially  o 
cjnr.  e,  co  the  movement. 

"But,"  he  concluded,  "hasten  the  undertaking 
as  much  as  you  can.  The  opposition  is  strongei 
than  you  suppose.  The  pressure  on  me  is  goin^ 
to  be  terrible.  What  about  the  prisoners  in  tlie 
jail?" 

Coleman  evaded  this  last  question  by  saying 
that  the  matter  was  in  the  hands  of  the  Com- 
mittee, and  he  then  left  the  Governor. 

Coleman  at  once  returned  to  headquarters 
where  the  Executive  Committee  was  in  session. 
getting  rid  of  its  routine  business.  After  a  dozen 
matters  were  settled,  it  was  moved  "tliat  tlic 
Committee  as  a  body  shall  visit  the  county  jail  at 
such  time  as  the  Executive  Committee  nii<:ht 
direct,  and  take  thence  James  P.  Casev  and 
Charles  Cora,  give  them  a  fair  trial,  and  adminis- 
ter such  punishment  as  justice  shall  demand." 

This,  of  course,  was  the  real  business  for  wliich 
all  this  organization  had  been  planned.  A  nio- 
ment's    pause    succeeded    the   proposal,    but   an 


THE  STOILM  RREAKS  213 

instantaneous  and  unanimous  assent  followed  the 
(lomand  for  a  vote.  At  this  precise  instant  a 
messenger  opened  the  door  and  informed  them 
that  Governor  Johnson  was  in  the  building 
requesting  speech  with  Coleman. 

Coleman  found  Johnson,  accompanied  by  Sher- 
man and  a  few  others,  lounging  in  the  anteroom. 
The  Governor  sprawled  in  a  chair,  his  hat  pulled 
over  his  eyes,  a  cigar  in  the  corner  of  his  mouth. 
His  companions  arose  and  bowed  gravely  as 
Coleman  entered  the  room,  but  the  Governor 
remained  seated  and  nodded  curtly  with  an  air  of 
bravado.  Without  waiting  for  even  the  ordinary 
courtesies  he  burst  out. 

"We  have  come  to  ask  what  you  intend  to  do," 
he  demanded. 

Coleman,  thoroughly  surprised,  with  the  full 
belief  that  the  subject  had  all  been  settled  in  the 
previous  interview,  replied  curtly. 

"I  agree  with  you  as  to  the  grievances,"  rejoined 
the  Governor,  "but  the  courts  are  the  proper 
remedy.  The  judges  are  good  men,  and  there  is 
no  necessity  for  the  people  to  turn  themselves  into 
a  mob." 

"Sir!"  cried  Coleman.  "This  is  no  mob!^ 
\ou  know  this  is  no  mob!" 


Zju_       .  '.V^U 


^■^^ 


214  THE  FORTY-XIXERS 

The  Governor  went  on  to  explain  that  it  nn^ht 
become  necessary  to  bring  out  all  the  force  at  his 
command.  Coleman,  though  considerably  taken 
aback,  recovered  himself  and  listened  without 
comment.  He  realized  that  Sherman  and  the 
other  men  were  present  as  witnesses. 

"I  will  report  your  remark  to  my  associates," 
he  contented  himself  with  saying.  The  question 
of  witnesses,  however,  bothered  Coleman.  He 
darted  in  to  the  committee  room  and  shortly 
returned  with  witnesses  of  his  own. 

"Let  us  now  understand  each  other  clearlv," 
he  resumed.  "As  I  understand  your  proposal, 
it  is  that,  if  we  make  no  move,  you  guarantte 
no  escape,  an  immediate  trial,  and  instant 
execution?" 

Johnson  agreed  to  this. 

"^Ye  doubt  your  ability  to  do  this,"  went  on 
Coleman,  "but  we  are  ready  to  meet  you  half- 
way. This  is  what  we  will  promise:  we  will  take 
no  steps  without  first  giving  you  notice.     But  in 

turn  we  insist  that  ten  men  of  our  own  selection 
shall  be  added  to  the  sheriff's  force  within  the 
jail." 

Johnson,  who  was  greatly  relieved  and  delighted, 
at  once  agreed  to  this  proposal,  and  soon  withdrew. 


rtn- 


THE  STORM  BREAKS  215 

IM  the  blunder  he  had  made  was  evident  enough. 
With  Coleman,  who  wa<  eomijletely  outside  the 
!a\v,  he,  as  an  executive  of  the  law,  had  no  business 
treating  or  making  agreements  at  all.     Further- 
more, as  executive  of  the  State,  he  had  no  legal 
ri-ht  to  interfere  with  city  affairs  unless  he  were 
lonnally  summoned   by   the  authorities.     Up   to 
now  he  had  merely  been  notified  by  i)rivate  citi- 
zens.    And  to  cap   the   whole  slieal'  of  blunders, 
Iir  had  now  in  this  i)rivate  interview  treated  with 
ivbels.  and  to  their  a.ivantage.     j-br,  as  Col(>man 
probably  knew,   the  last   agreement   was    all    for 
the  benefit  of  the  Committ(>e.     They  gained  the 
right  to  place  a  persomd  guard  over  the  prisoners. 
They  gave  in  return  })ractically  only  a  promise  to 
^vithdraw  that  guard  before  attacking  the  jail  — a 
procedure  which  was  eminently  practical  if  <liey 
cared  anything  for  tlie  safety  of  the  guard. 

Johnson  was  thoroughly  i)leased  with  himself 
iintil  he  reached  the  hotel  where  the  leaders  of  ti:e 
opposition  were  awaiting  him.  Their  keen  legal 
miiids  sav,-  at  once  the  position  in  which  he  had 
I'lacrd  himself.  After  a  hasty  discussion,  it  was 
'ieeided  to  claim  that  the  Committee  had  waived 
ill!  light  of  action,  and  that  they  had  promised 
'Infinitely  to  leave  the  case  to  the  courts.     When 


216  THE  FORTY-NINERS 

this  statement  had  been  industriously  circulated 
and  Coleman  had  heard  of  it,  he  is  said  to  have 
exclaimed: 

"The  time  has  come.    After  that,  it  is  either 
ourselves  or  a  mob." 

He  proceeded  at  once  to  the  Vigilance  head- 
quarters and  summoned  Olney,  the  appointed 
guardian  of  the  jail.  Him  he  commanded  to  pt 
together  sixty  of  the  best  men  possible.  A  call 
was  sent  out  for  the  companies  to  asscni})le. 
They  soon  began  to  gather,  coming  some  in  rank 
as  they  had  gathered  in  their  headtiuarters  outside, 
others  singly  and  in  groups.  Doorkeepers  i)re- 
vented  all  exit:  once  a  man  w  s  in,  he  was  not 
permitted  to  go  out.  Each  leader  received  expli(  it 
directions  as  to  what  was  to  be  done.  He  was 
instructed  as  to  precisely  when  he  and  his  command 
were  to  start;  from  what  given  point;  along  exaetly 
what  route  to  proceed;  and  at  just  what  time  to 
arrive  ut  a  given  point  —  not  a  moment  sooner  or 
later.  The  plan  for  concerted  action  was  \'ery 
carefully  and  skillfully  worked  out.  Olney 's  sixty 
men  were  instructed  to  lay  aside  the'V  muskets 
and,  armed  only  with  pistols,  to  make  their  way 
by  different  routes  to  the  jail. 

Sunday  morning  dawned  fair  and  calm.     But  as 


\M^ 


THE  STORM  BREAKS  217 

the  day  wore  on,  an  air  of  unrest  pervaded  the 
city.     Rumors  of  impending  action  were  already 
abroad.     The    jail    itself    hummed    like    a    hive. 
Men  came  and  went,  busily  running  errands,  and 
darting   about   through    the   open   door.     Armed 
men  were   taking  their  places  on   the  flat   roof. 
Meantime  the  populace  gathered  slowly.     At  first 
there  were  only  a  score  or  so  idling  around  the 
square;  but  little  by  little  they  increa^ed  in  num- 
bers.    Black  forms  began  to  ap{)ear  on  the  roof- 
tops all  about,  white  faces  showed  at  the  windows; 
soon  the  center  of  the  square  had  filled;  the  con- 
verging streets  became  black  with  closely  packed 
people.    The  windows  and  doors  and  balconies,  the 
copings  and  railin;  ^  the  slopes  of  the  hills  round 
about  were  all   occui)ied.     In   less  than   an  hour 
twenty  thou     '  d  people  had  gathered.     They  took 
their  positions  quietly  and  waited  patiently.    It  was 
evident  that  they  had  assembled  in  the  role  of  spec 
tators  only,  and  that  action  had  been  left  to  more 
competent  and  better  organized  men.     There  was 
no  shouting,  no  demonstration,  and  so  little  talking 
that  it  amounted  only  to  a  low  murmur.     Alreadv 
the  doors  of  the  jail  had  been  closed.     The  armed 
forces  on  the  roof  had  been  increased. 
After  a  time  the  congested  crowd  down  one  of 


218  THE  FORTY-NINERS 

the  side-streets  was  agitated  by  tlie  approach  ot 
a  body  of  armed  men.  At  the  same  instant  a 
simihir  group  began  to  ai)[)ear  at  the  end  of  anotlier 
and  fonverging  st reet.  'J'he  C(  'iinins  came  steadHy 
forward,  as  the  pe()[)U'  gave  way.  The  men  wore  no 
uniforms,  and  tlie  gUttering  steel  of  their  bay(;n«'ts 
furnished  the  only  mihtary  touch.  The  two 
columns  reached  the  convergence  of  the  street 
at  the  same  time  and  as  they  entered  the  square 
before  the  jail  a  third  and  a  fourth  column  dc 
bouched  from  other  directions,  while  still  otheiN 
dei)loyed  into  view  on  the  hills  behind.  They  all 
took  their  places  in  rank  around  the  scju  tre. 

Among  the  well-known  characters  of  the  times 
was  a  certain  Colonel  Gift.  INIr.  Hubert  II. 
[iJiancroft,  the  chronicler  of  these  events,  describes 
him  as  "a  tall,  lank,  empty-boweled,  tobacco- 
spurting  Southerner,  with  ey"s  like  burniiii,' 
black  balls,  wlio  could  talk  a  company  of  listeners 
into  an  insant  asylum  quicker  than  any  man  in 
California,  and  whose  blasphemy  could  not  be 
equaled,  either  in  quantity  or  quality,  by  the 
most  profane  of  any  age  or  nation."  He  remarked 
to  a  friend  nearby,  as  he  watched  the  spectacle 
below:  "When  you  see  these  damned  psalm- 
singing    Yankees    turn    out    of    their    churcho, 


H. 


THE  STORM  imEAKS  ,^19 

shouIdtT  tlioir  guns,  and  ...rcli  away  of  a  Sun- 
day, you  may  know  that  lu'll  is  going  to  crack 
shortly." 

For  sonic  tini(>  the  armed  men  stoo(J  rigid,  four 
deep  all   around   tlie  square.     Behind    them    the 
masses  of  tlic  people  watched.     Then  at  a  com- 
mand the  ranks  fell  apart  and  from  the  side-streets 
marched  the  sixty  men  chosen  hy  Olney,  <lragging 
a  field  gun  at  the  end  of  a  rope.     This  they  wheeled 
into  position  in  the  scpiare  and  i)ointed  it  at  the 
door  of  the  jail.     Quite  deliherately,  the  cannon 
was  loaded  with  jwwder  and  halls.     A  man  lit  a 
slow  match,  hlcw  it  to  a  glow,  and  took  his  position 
at    the    breech.     Nothing    then    hai)pened    for   a 
full  ten  nu'nutes.     The  six  men  stood  rigid  by  the 
gun  in  the  middle  of  the  square.     The  suiilight 
gleamed  from  the  ranks  of  bayonets.     The  vast 
multitude  held  its  breath.     The  wall  of  the  jail 
remained  blank  and  inscrutable. 

Then  a  man  on  horseback  was  seen  to  make 
his  way  through  the  crowd.  This  was  Charles 
Doane,  Grand  :Marshal  of  the  Vigilantes.  He 
rode  directly  to  the  jail  door,  on  which  he  rapped 
with  the  handle  of  his  riding-whip.  After  a 
moment  the  wicket  in  the  door  opened.  With- 
out dismounting,  the  rider  handed  a  note  within. 


220  THE  FORTY-NINERS 

and   then,   backing  his  horse  the  length  of  the 
square,  came  to  rest. 

Again  the  ranks  parted  and  closed,  this  time 
to  admit  of  three  carriages.  As  they  came  to  ;-. 
stop,  the  nmskets  all  around  the  square  leaped  to 
"present  arms!"  From  the  carriages  descended 
Coleman,  Truett,  and  several  others.  In  dead 
silence  they  walked  to  the  jail  door,  Olney's  men 
close  at  their  heels.  For  some  moments  thev 
spoke  through  the  wicket;  then  the  door  swung 
open  and  the  Committee  entered. 

Up  to  this  moment  Casey  had  been  fully  con- 
tent with  the  situation.  He  was,  of  course, 
trtated  to  the  best  the  jail  or  the  city  could  afford. 
It  was  a  bother  to  have  been  forced  to  shoot 
James  King  of  ^yilliam;  but  the  nuisance  of  in- 
carceration for  a  time  was  a  small  price  to  pa\ . 
His  friends  had  rallied  well  to  his  defense.  He 
had  no  doubt  whatever,  that,  according  to  the 
usual  custom,  he  would  soon  work  his  way  through 
the  courts  and  stand  again  a  free  man.  His  first 
intimation  of  trouble  was  the  hearing  of  tin- 
resonant  tramp  of  feet  outside.  His  second  was 
when  Sheriff  Scannell  stood  before  him  with  \ho. 
Vigilantes'  note  in  his  hand.  Casey  took  one 
glance  at  Scannell 's  face. 


\\f*\v".-*«."Vx': 


th:^  storm  imEAKS  ^u 

"You  aren't  going  to  bi-tray  nie?"  he  crifd. 
"You  aren't  going  to  give  me  up?" 

"James,"  replied  Scannel!  solenmly,  "there 
are  three  thousand  armed  men  coming  for  you 
and  I  have  not  thirty  supporters  around  the  jail." 

"Not  thirty!"  cried  Casey  astonished.  For  a 
moment  he  ai)peared  crushed;  then  he  leaped  to 
his  feet  flourishing  a  hmg  knife.  "I'll  not  be 
taken  from  this  place  alive!"  he  cried.  "^Vhere 
are  all  you  brave  fellows  who  were  going  to  see  me 
through  this.?*" 

At  this  moment  Coleman  knocked  at  the  door 
of  the  jail.  The  sheriff  hurried  away  to  answer 
the  summons. 

Casey  took  the  opportunity  to  write  a  note  for 
the  Vigilantes  which  he  gave  to  the  marshal. 
It  read: 

'To  the  Vigilante  Committee.  Gentlemen:  — 
1  am  willing  to  go  before  you  if  you  will  let  me 
speak  but  ten  minutes.  I  do  not  wish  to  have 
the  blood  of  any  man  upon  my  head." 

On  entering  the  jail  door  Coleman  and  his 
companions  bowed  formally  to  the  sheriff. 

"We  have  come  for  the  prisoner  Casey,"  said 
Coleman.  "  We  ask  that  he  be  peaceably  delivered 
us  handcuffed  at  the  door  immediately." 


"'"hi 


«««  TIIK  FORTV-XLNERS 

"I'mliT  oxistinK  circumstances,"  replied  Scan- 
noil,  "I  sIkiII  make  no  resistance.  The  prison 
and  its  contents  are  yours." 

Hut  Truett  would  liave  none  of  this.  "W\ 
want  only  the  man  Casey  at  present,"  he  said. 
"For  the  safety  of  all  the  rest  we  hold  you  strictly 
accountable." 

They  proceeded  at  once  to  Casey's  cell.  The 
murderer  heard  them  coming  and  sprang  hack 
from  the  door  holding  his  long  knife  poised. 
Coleman  walked  directly  to  the  door,  where  he 
stopped,  looking  Casey  in  the  eye.  At  the  end 
of  a  full  minute  he  exclaimed  sharply: 
"Lay  down  that  knife!" 

As  though  the  unexpected  tones  had  broken  a 
spell,  Casey  flung  the  knife  from  him  ^d  buried 
his  face  in  his  hands.  Then,  and  not  until  then. 
Coleman  informed  him  curtly  that  his  request 
would  be  granted. 

They  took  Casey  out  through  the  door  of  the 
jail.  The  crowd  gathered  its  breath  for  a  frantic 
cheer.  The  relief  from  tension  must  have  be(>n 
great,  but  Coleman,  bareheaded,  raised  his  hand 
and,  in  instant  obedience  to  the  gesture,  the  ch<'er 
was  stifled.  The  leaders  then  entered  the  carriage, 
which  immediately  turned  and  drove  awav. 


TIIK  STORM   HRKAKS  i^n 

Thus  Casoy  was  safely  in  custody.  Charles 
Cora,  who,  it  will  Ix-  nrnfiuhcnd,  had  killed 
Marshal  Richardson  and  who  had  gained  from 
the  jury  a  disagreement,  was  taken  on  a  second 
trip. 

The  street  outside  lieatiquarters  soon  filled 
with  an  orderly  crowd  awaiting  events.  Tliere 
was  noticeable  the  same  absence  of  excitement, 
impatience,  or  tunmit  so  characteristic  of  the 
popular  gatherings  of  that  time,  excei)t  perliai)s 
wlien  the  meetings  were  conducted  !)y  the  parti- 
sans of  Law  and  Order.  After  a  long  interval 
one  of  the  Committee  members  appeared  at  an 
upper  window. 

"It  is  not  the  intention  of  the  Committee  to 
be  hasty,"  he  announced.  "Nothing  will  be 
done  todav." 

« 

This  statement  was  received  in  silence.  At  la.^f 
someone  asked: 

"Whert    ire  Casey  and  Cora.^" 

"The  Committee  hold  possession  of  the  jail. 
All  are  safe,"  said  the  Committee  man. 

AVitli  this  simple  statement  the  crowd  was 
completely  satisfied,  and  dispersed  quietly  and 
at  once. 

Of    the    three    thousand    enrolled    men,    three 


«4  THE  FORTY-XIXKRS 

hundred  wore  retairu'd  under  arms  at  headcjuarters, 
a  liundred  surrounded  the  jail,  and  all  tlie  rest 
were     dismissed.     Next     day,     Mcmday.     head- 
quarters    still    remained    inscrutable;    but    lar^^c 
patrols   walked   about   the  eity,   collecting  arms. 
The   gunshops    were   picketed   and    their   owners 
were    warned    under    no    circumstances    to    sell 
weapons.     Towards    evening    the    weather    grew 
colder   and   rain   came   on.     Even    this   did   not 
discourage  the  crowd,  which  stood  about  in  its 
sodden  clothes  waiting.     At  midnight  it  reluct- 
antly   dispersed,    but   by   daylight   the   following 
morning   the    streets    around    headquarters   were 
blocked.     Still    it    rained,    and    still    apparently 
nothing   happened.     All    over   the   city    business 
was  at  a  standstill.     Men  had  dropped  their  af- 
fairs, even  the  most  pressing,  either  to  take  part 
in  this  movement  or  to  lend  the  moral  support  of 
their  i)resence  and  tl.oir  interest.     The  partisans 
of  Law  and  Order,  so  called,  were  also  abroad. 
No  man  dared  express  himself  in  mixed  company 
openly.     The  courts  were  empty.     Some  actually 
closed  down,  with  one  excuse  or  another;  but  most 
of  them  pretended  to  gr»  through   the  forms  of 
business.     Many    judges    took    the    occasion    to 
leave  town— on  vacation,  they  announced.     These 


iViw 


Tin:  STORM   FmKAKS  i>^5 

incidents    occasioned    lively    comment.     As    <- 
chronicler    h,.fc,re    quoted     tells     us:      "A    goto 
many  who  had  things  on  their  nn'nds  left  for  t' 
country."     Still  it  ruined  steadily,  and  still     ^c 
crowds  waited. 

The  i)ris(,ners.  Casey  and  Cora,  had  expected, 
when  taken  from  the  jail,  to  be  lynched  at  once. 
But,  since  the  execution  had  been  thus  long  {H.st- 
poncd,  they  began  to  take  heart.     Tlu^y  under- 
stood   that    they  were  to  have  a  clear  tkil  "ac- 
cording to  law" -a  phrase  which  was  in  those 
days  inmiensely   cheering  to  malefactors.     They 
were  not  entirely  cut  off  from  outsi.iecomnmnica- 
tion.     Casey  was  allowed  to  see  se^■eral   iueti  on 
pressing  business,  and  permitted  to  talk  to  them 
freely,  although  before^  a  witness  from  the  Com- 
mittee.    Cora   received   visits    from    Belle    Cora, 
who  in  the  past  had  spent  thousands  on  his  legal 
defense.     \ow    she   came    to   see    liim    faithfully 
and  reported  every  effort  that  was  being  made. 

On  Tuesday,  the  20th,  Cora  was  brought  before 
the  Committee.  He  asked  for  counsel,  and 
Truett  was  appointed  to  act  for  him.  A  list  of 
witnesses  demanded  by  Cora  was  at  once  sum- 
moned, and  a  sub-committee  was  sent  to  bring 
them  before  the  board  of  trial.     All  the  ordinary 


226 


THE  FORTY-NINERS 


forms  of  law  were  closely  followed,  and  all  the 
essential  facts  were  separately  brought  out.  It 
was  the  same  old  Cora  trial  over  again  with  one 
modification;  namely,  that  all  technicalities  and 
technical  delays  were  eliminated.  Not  an  attempt 
was  made  to  confine  the  investigation  to  the 
technical  trial.  By  dusk  the  case  for  the  prose- 
cution was  finislied,  and  that  for  the  defense  was 
supposed  to  begin. 

During  all  this  long  interim  the  Executive  Com- 
mittee had  sat  in  continuous  session.  They  had 
agreed  that  no  recess  of  more  than  thirty  minutes 
should  be  taken  until  a  decision  had  been  reached. 
But  of  all  the  long  list  of  witnesses  submitted  by 
Cora  for  the  defense  not  one  could  be  found.  They 
were  in  hiding  and  afraid.  The  former  perjurors 
would  not  appear. 

It  was  now  falling  dusk.  The  corners  of  the 
great  room  were  in  darkness.  Beneath  the  ele- 
vated desk,  behind  which  sat  Coleman,  Bluxomo, 
the  secretary,  lighted  a  single  oil  lamp,  the  better 
to  see  his  notes.  In  the  interest  of  the  proceed- 
ings a  general  illumination  had  not  been  ordered. 
Within  the  shadow,  the  door  opened  and  Charles 
Doane,  the  Grand  Marshal  of  the  Vigilantes, 
advanced  three  steps  into  the  room. 


THF  STORM  BREAKS  2^27 

"Mr.  President,"  he  said  clearly,  "I  am  in- 
structed to  announce  that  James  King  of  William 
is  dead." 

The  conviction  of  both  men  took  place  that 
night,  and  the  execution  was  ordered,  but  in 
secret. 

Thursday  noon  had  been  set  for  the  funeral  of 
James  King  of  William.  This  cererfiony  was  to  take 
place  in  the  Unitarian  church.  A  great  multitude 
had  gathered  to  attend.  The  church  was  filled 
to  overflowing  early  in  the  day.  But  thousands 
of  people  thronged  the  streets  round  about,  and 
stood  patiently  and  seriously  to  do  the  man  honor. 
Historians  of  the  time  detail  the  names  of  many 
marching  bodies  from  every  guild  and  society  in 
the  new  city.  Hundreds  of  horsemen,  carriages, 
and  foot  marchers  got  themselves  quietly  into  the 
line.  They  also  were  excluded  from  the  funeral 
ceremonies  by  lack  of  room,  but  wished  to  do 
honor  to  the  cortege.  This  procession  is  said  to 
have  been  over  two  miles  in  length.  Each  man 
wore  a  band  of  crepe  around  his  left  arm.  All  the 
city  seemed  to  be  gathered  there.  And  yet  the 
time  for  the  actual  funeral  ceremony  was  still 
some  hours  distant. 
Nevertheless    the    few    who,   hurrying   to   the 


228  THE  FORTY-NINERS 

scene,  had  occasion  to  pass  near  the  Vigilante 
headquarters,  found  the  silent  square  guarded 
on  all  sides  by  a  triple  line  of  armed  men.  The 
side-streets  also  were  filled  with  them.  They  stood 
in  the  exact  alignment  their  constant  drill  had 
mj  I  ssible,  with  bayonets  fixed,  .  aring  straight 
aheac.  ^'.ree  thousand  were  under  arms.  Like 
the  vast  crowd  a  few  squares  away,  they,  too, 
stood  silent  and  patiently  waiting. 

At  a  quarter  before  one  the  upper  windows  of 
the  headquarters  building  were  thrown  open  and 
small  planked  platforms  were  thrust  from  two  of 
them.  Heavy  beams  were  shoved  out  from  the 
flat  roof  directly  over  the  platforms.  From  the 
ends  of  the  beams  dangled  nooses  of  rope.  After 
this  another  wait  ensued.  Across  the  silence  of 
the  intervening  buildings  could  be  heard  faintly 
from  the  open  windows  of  the  church  the  sound 
of  an  organ,  and  then  the  measured  cadences  of 
an  oration.  The  funeral  services  had  begun.  As 
though  this  were  a  signal,  the  blinds  that  had 
closed  the  window  openings  were  thrown  back 
and  Cora  was  conducted  to  the  end  of  one  of  the 
little  platforms.  His  face  was  covered  with  a 
white  handkerchief  and  he  was  bound.  A  mo- 
ment later  Casey  appeared.     He  had  asked  not 


THE  STORM  BREAKS  229 

to  be  blindfolded.  Cora  stood  bolt  upright, 
motionless  as  a  stone,  but  Casey's  courage  broke. 
If  he  had  atiy  hope  that  the  boastful  promises 
of  his  friends  would  be  fulfilled  by  a  rescue,  that 
hope  died  as  he  looked  down  on  the  set,  grim  faces, 
on  the  sinister  ring  of  steel.  His  nerve  then  de- 
serted him  completely  and  he  began  to  babble. 

"Gentlemen,"  he  cried  at  them,  "I  am  not  a 
murderer!  I  do  not  feel  afraid  to  meet  my  God 
on  a  charge  of  murder!  I  have  done  nothing 
but  what  I  thought  was  right!  Whenever  I  was 
injured  I  have  resented  it!  It  has  been  part  of 
my  education  during  twenty-nine  years!  Gentle- 
men, T  forgive  you  this  persecution!  O  God! 
My  poor  Mother !     O  God ! " 

It  is  to  be  noted  that  he  said  not  one  word  of 
contrition  nor  of  regret  for  the  man  whose  funeral 
services  were  then  going  on,  nor  for  the  heart- 
broken wife  who  knelt  at  that  coffin.  His  words 
found  no  echo  against  that  grim  wall  of  steel. 
Again  ensued  a  wait,  apparently  inexplicable. 
Across  the  intervening  housetops  the  sound  of  the 
oration  ceased.  At  the  door  of  the  church  a  slight 
commotion  was  visible.  The  coffin  was  being 
carried  out.  It  was  placed  in  the  hearse.  Every 
head  was  bared.     There  followed  a  slight  pause; 


230  THE  FORTY-NINERS 

then  from  overhcud  the  church-bell  boomed  oui 
once.  Another  bell  in  the  next  block  answered; 
a  third,  more  distant,  chimed  in.  From  all  parts 
of  the  city  tolled  the  requiem. 

At  the  first  stroke  of  the  bell  the  funeral  cortege 
moved  forward  toward  Lone  Mountain  cemetery. 
At  the  first  stroke  the  Vigilantes  as  one  man  pre- 
sented arms.  The  platforms  dropped,  and  Casey 
and  Cora  fell  into  eternity. 


CHAPTER  XV 


THE  VIGILANTES   OF   '56 

This  execution  naturally  occasioned  a  great  storm 
of  indignation  among  the  erstwhile  powerful  ad- 
herents of  the  law.     The  ruling,  aristocratic  class, 
the  so-called  chivalry,   the  best   element   of   the 
city,    had  been  slapped  deliberately  in  the  face, 
and  this  by  a  lot  of  Yankee  shopkeepers.     The 
Committee  were  stigmatized  as  stranglers.     They 
ought  to  be  punished  as  murderers!     They  should 
be  shot  down  as  revolutionists!     It  was  realized, 
however,  that  the  former  customary  street-shoot- 
ing had  temporarily  become  unsafe.     Otherwi::e 
there  is  no  doubt  that  brawls  would  have  been 
more  frequent  than  they  were. 

An  undercurrent  of  confidence  was  apparent, 
however.  The  Law  and  Order  men  had  been 
surprised  and  overpowered.  They  had  yielded 
only  to  overwhelming  odds.  With  the  execution 
of  Cora  and  Casey  accomplished,  the  Committee 

£31 


232  THE  FORTY-NINERS 

might  be  expected  to  disband.  And  when  the 
Committee  disbanded,  the  law  would  have  its 
innings.  Its  for^'es  would  then  be  better  organized 
and  consolidated,  its  power  assured.  It  could  then 
safely  apprehend  and  bring  to  justice  the  ring- 
leaders of  this  undertaking.  Many  of  the  hot- 
heads were  in  favor  of  using  armed  force  to  take 
Coleman  and  his  fellow-conspirators  into  custody. 
But  calmer  spirits  advised  moderation  for  the 
present,  until  the  time  was  more  ripe. 

But  to  the  surprise  and  indignation  of  these 
people,  the  Vigilantes  showed  no  intention  of 
disbanding.  Their  activities  extended  and  their 
organization  strengthened.  The  various  military 
companies  drilled  daily  until  they  went  through 
the  manual  with  all  the  precision  of  regular  troops. 
The  Committee's  book  remained  opened,  and  by 
the  end  of  the  week  over  seven  thousand  men  had 
signed  the  roll.  Loads  of  furniture  and  various 
supplies  .  ^opped  at  the  doors  of  headquarters  and 
were  carried  in  by  members  of  the  organization. 
No  non-member  ever  saw  the  inside  of  the  building 
while  it  was  occupied  by  the  Committee  of  Vigi- 
lance. So  cooking  utensils,  cot-beds,  provisions, 
blankets,  bulletin-boards,  arms,  chairs  and  tables, 
field-guns,  ammunition,  and  many  other  supplies 


THE  VIGILANTES  OF  '56  233 

seemed    to    indicate    a    permanent    occupation. 
Doorkeepers    were    always    in    attendance,    and 
sentinels  patrolled  in  the  streets  and  on  the  roof. 
Every   day  the  Executive  Committee  was  in 
session  for  all  of  the  daylight  hours.     A  black- 
list was  in  preparation.      Orders  were  issued  for 
the  Vigilante  police  to  arrest  certain  men  and  to 
warn  certain  others  to  leave  town  immediately. 
A  choice  haul  was  made  of  the  lesser  lights  of  the 
ward-heelers  and  chief  politicians.     A  very  good 
sample  was  the  notorious  Yankee  Sullivan,    an 
ex-prize-fighter,    ward-heeler,    ballot-box    stuffer, 
and  shoulder-striker.     He,  it  will  be  remembered, 
was  the  man  who  returned  Casey  as  supervisor 
in  a  district  where,  as  far  as  is  known,  Casey  was 
not  a  candidate  and  no  one  could  be  found  who  had 
voted  for  him.     This  individual  went  to  pieces 
completely  shortly  after  his  arrest.     He  not  only 
confessed  the  details  of  many  of  his  own  crimes 
but,  what  was  more  important,  disclosed  valuable 
information  as  to  others.     His  testimony  was  im- 
portant, not  necessaril;y  as  final  proof  against  those 
whom  he  accused,  but  as  indication  of  the  need 
of  thorough  investigation.     Then  without  warn- 
ing he  committed  suicide  in  his  cell.     On  investi- 
gation it  turned  out  that  he  had  been  accustomed 


234  THE  FORTY-NINERS 

to  from  sixty  to  eighty  drinks  of  whiskey  each  day, 
and  the  sudden  and  complete  deprivation  had 
unhinged  his  mind.  Warned  by  this  unforesotn 
circumstance,  the  Committee  henceforth  issued 
regular  rations  of  whiskey  to  all  its  prisoners,  a 
fact  which  is  a  striking  commentary  on  the 
character  of  the  latter.  It  is  to  be  noted,  further- 
more, that  liquor  of  all  sorts  was  debarred  from 
the  deliberations  of  the  Vigilantes  themselves. 

Trials  went  briskly  forward  in  due  order,  witli 
counsel  for  defense  and  ample  opportunity  to 
call  witnesses.  There  were  no  more  capital 
punishments.  It  was  made  known  that  the 
Committee  had  set  for  itself  a  rule  that  capital 
punishment  would  be  inflicted  by  it  only  for  crimes 
so  punishable  by  the  regular  law.  But  each  out- 
going ship  took  a  crowd  of  the  banished.  The 
majority  of  the  first  sweepings  were  low  thujrs  — 
"Sydney  Ducks,"  hangers-on,  and  the  worst  class 
of  criminals;  but  a  certain  number  were  taken 
from  what  had  been  known  as  the  city's  best. 
In  the  law  courts  these  men  would  have  been 
declared  as  white  as  the  driven  snow;  in  fact,  tiiat 
had  actually  happened  to  some  of  them.  But 
they  were  plainly  undesirable  citizens.  The  Com- 
mittee so  decided  and  bade  them  depart.     Among 


THE  VIGILANTES  OF  '50 


SiJj 


the  names  of  men  who  were  prominent  and  Influen- 
tial in  the  early  history  of  the  city,  but  who  now 
were  told  to  leave,  were  Charles  Duane,  Woolley 
Kearny,  William  McLean,  J.  D.  Musgrave,  Peter 
Wightman,  James  White,  and  Edward  McGowan. 
Hundreds  of  others  left  the  city  of  their  own 
accord.  Terror  spread  among  the  inhabitants 
of  the  underworld.  Some  of  the  minor  offenders 
brought  in  by  the  Vigilante  police  were  turned 
over  by  the  Executive  Conunittee  to  the  regular 
law  courts.  It  is  significant  that,  whereas  con- 
victions had  been  almost  unknown  up  to  this 
time,  every  one  of  these  offenders  was  promptly 
sentenced  by  those  courts. 

Bi't  though  the  underworld  was  more  or  less 
terrified,  the  upper  grades  were  only  the  further 
aroused.  ]Many  sincerely  believed  that  this  move- 
ment w^as  successful  only  because  it  was  organized, 
that  the  people  of  the  city  were  scattered  and 
powerless,  that  they  needed  only  to  be  organized 
to  combat  the  forces  of  disorder.  In  pursuance 
of  the  belief  that  the  public  at  large  needed  merely 
to  be  called  together  loyally  to  defend  its  institu- 
tions, a  meeting  was  set  for  June  2,  in  Ports- 
Miouth  Square.  Elaborate  secret  preparations,  in- 
iudi.fg  the  distribution  of  armed  men,  were  made 


236  THE  FORTY-XINERS 

to  prevent  interference.  Such  preparations  w*Te 
uselc^is.  Immediately  after  the  appearance  of  the 
notice  the  Committee  of  Vigilance  issued  orders 
that  the  meeting  was  to  be  in  no  manner  dis- 
couraged or  molested. 

It  was  well  attended.     Enormous  crowds  gath- 
ered, not  only  in  and  around  the  Square  itself,  but 
in  balconies  and  windows  and  on  housetops.     It 
was  a  very  disrespectful  crowd,  evidently  out  for 
a  good  time.     On  the  platform  within  the  Square 
stood  or  sat  the  owners  of  many  of  the  city's  proud 
names.     Among  them  were  well-known  speakers, 
men  who  had  never  failed  to  hold  and  influence  a 
crowd.    But  only  a  short  distance  away  little  could 
be  heard.     It  early  became  evident  that,  though 
there  would  be  no  interfertmce,  the  sentiment  of  the 
crowd  was  adverse.     And  what  must  have  betn 
particularly  maddening  was  that  the  sentinunt 
was  good-humored.     Colonel  Edward  Baker  came 
forward  to  speak.     The  Colonel  was  a  man  of 
great  eloquence,  so  that  in  spite  of  his  considerable 
lack  of  scruples  he  had  won  his  way  to  a  pictur- 
esque popularity  and  fame.     But  the  crowd  would 
have  little  of  him  this  day,  and  an  almost  continu- 
ous uproar  drowned  out  his  efforts.     The  usual 
catch  phrases,  such  as  "liberty,"  "Constitution,' 


THE  VIGILANTES  OF  '.16  287 

" habeas  corpus,"  "trial  hy  jury,"  and  "freedom," 
occasionally  became  audible,  but  the  people  were 
not  interested.  "See  Cora's  defender!"  cried 
someone,  voicing  the  general  suspicion  that  Baker 
had  been  one  of  the  little  gambler's  hidden  counsel. 
"Cora!"  "Kd.  Baker!"  "$10,000!"  "Out  of  that, 
you  old  reprobate!"  lie  spoke  ten  minutes  against 
the  storm  and  then  yielded,  red-faced  and  angry. 
Others  tried  but  in  vain.  A  Southerner,  Benham, 
inveighing  passionately  against  the  conditions  of 
the  city,  in  throwing  back  his  coat  happened  in- 
advertently to  reveal  the  butt  of  a  Colt  revolver. 
The  bystanders  immediately  caught  the  point. 
"There's  a  pretty  Law  and  Order  man!"  they 
shouted.  "Say,  Benham,  don't  you  know  it's 
against  the  law  to  go  armed.'" 

"I  carry  this  weapon, "  he  cried,  shaking  his  fist, 
"not  as  an  instrument  to  overthrow  the  law,  but 
to  uphold  it. " 

Someone  from  a  balcony  nearby  interrupted: 
"In  other  words,  sir,  you  break  the  law  in  order 
to  uphold  the  law.  What  more  are  the  Vigilantes 
doing.'" 

The  crowd  went  wild  over  this  response.  The 
confusion  became  worse.  Upholders  of  Law  and 
Order  thrust  forward  Judge  Campbell  in  the  hope 


238  THE  FORTY-NINERS 

that  his  age  an<I  authority  on  tho  ben(h  would 
command  respect.  He  was  unable,  however,  to 
utter  even  two  consecutive  sentences. 

"I  once  thought,"  he  interrupted  himsilf 
piteously,  "that  I  was  the  free  citizen  of  a  free 
country.  But  recent  occurrences  have  convinced 
me  that  I  am  a  slave,  more  a  slave  than  any  on  a 
Southern  plantation,  for  they  know  their  masters, 
but  I  know  not  mine!" 

But  his  auditors  refused  to  be  aflfected  by 
pathos. 

"Oh,  yes  you  do,"  they  informed  him.  "You 
know  your  masters  as  well  as  anybody.  Two 
of  them  were  hangt-d  the  other  day!" 

Though  this  attempt  at  home  to  gain  coher  nee 
failed,  the  partisans  at  Sacramento  had  better  luck. 
They  collected,  it  was  said,  five  hundred  nun 
hailing  from  all  quarters  of  the  globe,  but  chiefly 
from  the  Southeast  and  Texas.  All  of  them  were 
fire-eaters,  reckless,  and  sure  to  make  trouhK. 
Two  pieces  of  artillery  wert  reported  coming  down 
the  Sacramerto  to  aid  all  Drisoners,  but  especially 
Billy  Mulligan.  The  numbers  were  not  in  them- 
selves formidable  as  oiiposed  to  the  enrollment 
of  the  Vigilance  Committee,  but  it  must  be 
remembered  that  the  city  was  full  of  scattered 


I 


r  nco 

luck.    I 

men 

hirfly 

.  wt're 

3lll)lf. 

down 
^cially 
tlu-m- 
Inient 
st  bt- 
ttend 


TIIK  \  KilLANTKS  OF  'Mi  239 

warriors  .md  »)f  co\vt'«l  mc-mhcr.-s  of  the  uuiItTworld 
waiting  only  ItNuhrs  and  a  rallying  j)oirit.  Even 
were  tli'-  Vigilantes  to  win  in  the  long  run,  tlie 
material  for  a  very  pretty  civil  war  wa>  ready 
to  hand.  Two  liuiidred  men  were  hastily  j)iit  to 
filling  gunnyliags  witl  sand  and  to  fortifying  not 
only  headquarters  hi'  the  streets  round  ahoul. 
Cannon  were  mounted,  breastworks  were  piled,  and 
enihra.sures  were  eut.  By  morning  P'ort  Gunny- 
hags,  as  headciuarters  was  henceforth  culled,  had 
come  into  existence. 

The  fire-eaters  arrived  that  night,  hut  tiiey  were 
not  five  hundred  strong,  a>  excited  rumor  had  it. 
They  tlisemharkecl,  greeting  the  horde  t)f  fri<*nds 
who  had  come  to  meet  them,  marched  in  a  body  to 
Fort  Tiunnyhags,  looked  it  over,  stuck  their  hands 
into  their  pockets,  and  walked  j)eacefully  away  to 
the  nearest  har-rooms.  This  was  the  wi.sest  move 
on  their  part,  h.r  hy  now  ti:c  di.sposition  of  the 
Vigilante  men  was  .so  complete  that  nothing  short 
of  regularly  organized  troops  couhl  successfully 
have  di.slodged  tliem. 

Behind  liead(piarters  was  along  shed  and  stable 
in  which  were  to  be  found  at  all  hours  .saddle 
horses  and  iirtilkry  horses,  addled  and  bridled, 
ready  f  ^  usf      ''\vi  •  [y-six  pieces  of  artil- 


240  THE  FORTY-XIXERS 

lery,  most  of  them  sent  in  by  captains  of  vessels 
in  the  harbor,  were  here  parked.     Other  cannon 
were  mounted  for  the  defense  of  the  fort  itself. 
Muskets,  rifles,  and  sabers  had  been  accumulated. 
A  portable  barricade  had  been  constructed  in  the 
event  of  possible  street  fighting  —  a  sort  of  wheeletl 
framework  that  could  be  transformed   into  lit- 
ters or  scaling-ladders  at  will.     Mess  offices  and 
]citchens  were  theic  that  could  feed  a  small  army. 
Flags  and  painted  signs  carrying  the  open  eye 
that  had  been  adopted  as  emblematic  of  vigilance 
decorated  the  main  room.     A  huge  alarm  bell  had 
been  mounted  upon  the  roof.     Mattresses,  beds, 
cots,  and  other  furniture  necessary  to  accommodate 
viho.j  companies  on  the  premises  themselves,  had 
been  provided.     A  completely  equipped  armorers' 
shop  and  a  hospital  with  all  supplies  occupied  the 
third  story.     The  forces  were  divided  into  four 
companies   of   artillery,   one   squadron   and   two 
troops  of  cavalry,  four  regiments  and  thirty-two 
companies  of  infantry,  besides  the  small  but  very 
efficient  police  organization.     A  tap  on  the  bell 
gathered  these  men  in  an  incredibly  short  space  of 
time.     Bancroft  says  that,  as  a  rule,  within  fifte(  n 
minutes  of  the  first  stroke  seven-tenths  of   the 
entire  forces  would  be  on  hand  ready  for  combat. 


THE  VIGILANTES  OF  '56  241 

The  Law  and  Order  people  recognized  the 
strength  of  this  organization  and  realized  that  thev 
must  go  at  the  matter  in  a  more  thorough  manner. 
They  turned  their  attention  to  the  politics  of  the 
structure,  and  here  they  had  every  reason  to  hope 
for  success.  No  matter  how  well  organized  the 
Vigilantes  might  be  or  how  thoroughly  they 
might  carry  the  sympathies  of  the  general  public, 
there  was  no  doubt  that  they  were  acting  in 
defiance  of  constituted  law,  and  therefore  were 
nothing  less  than  rebels.  It  was  not  only  within 
the  power,  but  it  was  also  a  duty,  of  the  Governor 
to  declare  the  city  in  a  condition  of  insurrection. 
When  he  had  done  this,  the  state  troops  must  put 
down  the  insurrection;  and,  if  they  failed,  then  the 
Federal  Government  itself  should  be  called  on. 
Looked  at  in  this  way,  the  small  handful  of 
disturbers,  no  matter  how  well  armed  and  dis- 
ciplined, amounted  to  very  little. 

Naturally  the  Governor  had  first  to  be  won 
over.  Accordingly  all  the  important  men  of  San 
Francisco  took  the  steamer  Senator  for  Sacramento 
\vhere  they  met  Judge  Terry,  of  the  Supreme 
Court  of  California,  Volney  Howard,  and  others 
of  the  same  ilk.  No  governor  of  Johnson's  nature 
could  long  withstand  such  pressure.     lie  promised 

i6 


^m 


.J^.il 


242  THE  FORTY-XINERS 

to  issue  the  required  proclamation  of  insurrect  ioi\ 
as  soon  as  it  could  be  "legally  proved"  that  tlic 
Vigilance  Committee  had  acted  outside  the  law. 
The  small  fact  that  it  had  already  hanged  two  and 
deported  a  great  many  others,  to  say  nothing  c.f 
taking  physical  possession  of  the  city,  meant  little 
to  these  legal  minds. 

In  order  that  all  things  should  be  technically 
correct,  then.  Judge  Terry  issued  a  writ  of  habeas 
corpus  for  William  Mulligan  and  gave  it  into  the 
hands  of  Deputy  Sheriff  Harrison  for  service  on  the 
Committee.     It  was  expected  that  the  Committee 
would  deny  the  writ,  which  would  constitute  legal 
defiance  of  the  State.     The  Governor  would  then 
be  justified  in  issuing  the  proclamation.     If  the 
state  troops  proved  unwilling  or  inadequate,  as 
might  very  well  be,  the  plan  was  then  to  call  on  llie 
United  States.     The  local  representatives  of  the 
central   government   were   at   that   time   General 
Wool   commanding   the   military    department   of 
California,  and  Captain  David  Farragut  in  com- 
mand of  the  navy-yard.     Within  their  command 
was  a  force  sufficient  to  subdue  three  times  tlie 
strength   of   the  Vigilance   Committee.     William 
Tecumseh  Sherman,  then  in  private  life,  had  been 
appointed    major-general    of    a    division    of    the 


:'tioi\ 
t  tlic 
law. 
>  and 
ig  of 
little 

ically 
ibcas 
o  the 
•n  the 
littec 
le^'al 
then 
:f  the 
U\  as 


THE  VIGILANTES  OF  '56  2^3 

state  militia.     As  all  this  was  strictly  legal,  the 
plan  could  not  possibly  fail. 

Harrison  took  the  writ  of  habeas  co,  jy  and 
proceeded  to  San  Francisco.     He  presented  him- 
self at  headquarters  and  offered  his  writ.     Instead 
of  denying  it,  the  Committee  welcomed  him  cor- 
dially and  invited  him  to  make  a  thorough  search 
of  the  premises.   Of  course  Harrison  found  nothing 
—  the  Committee  had  seen  to  that  —  and  dejjarted. 
The  scheme  had  failed.     The  Committee  had  in 
no  way  denied  his  authority  or  his  writ.     But 
Harrison  saw  clearly  what  h;  i  been  exi)ected  of 
him.     To  Judge  Terry  he  unblushingly  returned 
the   writ  endorsed   "prevented   from   service  by 
armed  men. "     For  the  sake  of  his  cause,  Harrison 
had   lied.     However,   the   whole  affair  was  now 
regarded  as  legal. 

Johnson  promptly  issued  his  proclamation. 
The  leaders,  in  high  feather,  as  promptly  turned 
to  the  federal  authorities  for  the  assistance  they 
needed.  As  yet  they  did  not  a.-k  for  troops  but 
only  for  weapons  with  whicii  U>  arm  their  owii 
men.  To  their  blank  disrnay  General  Wool 
refused  to  furnish  arms.  He  took  the  position 
that  he  had  no  right  ^o  do  so  without  orders 
from  Washington.     There  is  no  doubt,  however. 


244  THE  FOKTY-NINERS 

that  this  technical  position  cloaked  the  doughty 
warrior's  real  sympathies.  Colonel  Baker  and 
Volnev  Howard  were  instructed  to  wait  on  him. 
After  a  somewhat  lengthy  conversation,  they 
made  the  mistake  of  threatening  him  with  a 
report  to  Washington  for  refusing  to  uphold  the 

law. 

"I  think,  gentlemen,"  flashed  back  the  veteran 
indignantly,  "I  know  my  duty  and  in  its  perform- 
ance dread  no  responsibility!"  He  promptly 
bowed  th^m  out. 

In  the  meantime  the  Executive  Committee  had 
been  patiently  working  down  through  its  black- 
list. It  finally  announced  that  after  June  24  it 
would  consider  no  fresh  cases,  and  a  few  days  later 
it  proclaimed  an  adjournment  parade  on  July  4. 
It  considered  its  work  completed  and  the  city  safe. 

It  may  be  readily  imagined  that  this  peaceful 
outcome  did  not  in  the  least  suit  the  more  aristo- 
cratic members  of  the  Law  and  Order  party. 
They  were  a  haughty,  individuali^  s  bold,  force- 
ful, sometimes  charming  band  of  lire-eaters.  In 
their  opinion  they  had  been  deeply  insulted. 
They  wanted  reprisal  and  punishment. 

^Yhen  therefore  the  Committee  set  a  definite 
day    for    disbanding,    the    local    authorities    and 


and 


THE  VIGILANTES  OF  '56  245 

upholders  of  law  were  distinctly  disappointed. 
They  saw  slipping  away  the  last  chance  for  a 
clash  of  arms  that  would  put  these  rebels  in  their 
places.  There  was  some  thought  of  arresting 
the  ringleaders,  but  the  courts  were  by  now  j 
well  terrorized  that  it  was  by  no  means  certain 
that  justice  as  defined  by  the  Law  and  Order 
party  could  be  accomplished.  And  even  if 
conviction  could  be  secured,  the  representatives 
of  the  law  found  little  satisfaction  in  ordinary 
punishment.     What  they  wanted  was  a  fight. 

General  Sherman  had  resigned  his  command 
of  the  military  forces  in  disgust.  In  his  stead 
was  chosen  General  Volney  Howard,  a  man 
typical  of  his  class,  blinded  by  his  prejudices  and 
his  passions,  filled  with  a  sense  of  the  importance 
of  his  caste,  and  without  grasp  of  the  broader 
aspects  of  the  situation.  In  the  Committee's 
present  attitude  he  saw  not  the  signs  of  a  job 
well  done,  but  indications  of  weakening,  and 
he  considered  this  a  propitious  moment  to  show 
his  power.  In  this  attitude  he  received  enthusi- 
astic backing  from  Judge  Terry  and  his  narrow 
coterie.  Terry  was  then  judge  of  the  Supreme 
Court;  and  a  man  more  unfitted  for  the  position 
it  would  be  difficult  to  find.     A  tall,  attractive. 


246  THE  FORTY-NINERS 

fire-eating  Texan  with  a  charming  wife,  he  stood 
high  in  the  social  Hfe  of  the  city.  His  temper  was 
undisciplined  and  completely  governed  his  judg- 
ment. Intensely  partisan  and,  as  usual  with  hi.s 
class,  touchy  on  the  point  of  honor,  he  did  precisely 
the  wrong  thing  on  every  occasion  where  cool 
decision  was  demanded. 

It   was  so  now.     The  Law   and  Order  party 
persuaded  Governor  Johnson  to   order  a  parade 
of  state  troops  in  the  streets  of  San  Francisco. 
The  argument  used  was  that  such  a  parade  of 
legally  organized  forces  would  overawe  the  citizens. 
The  secret  hope,  however,  which  was  well  founded, 
was  that  such  a  display  would  promote  the  desired 
conflict.     This  hope  they  shared  with  Howard, 
after  the  Governor's  orders  had  been  obtained. 
Howard's  vanity  jumped  with  his  inclination.    lie 
consented  to  the  plot.     A  more  ill-timed,  idiotic 
maneuver,  with  the   existing   state  of  the  public 
mind,  it  would  be  impossible  to  imagine.     Either 
we    must    consider    Terry    and    Howard    weak- 
minded  to  the  point  of  an  inability  to  reason  from 
cause  to  effect,  or  we  must  ascribe  to  them  more 
sinister  motives. 

By  now  the  Law  and  Order  forces  had  become 
numerically  more  formidable.     The  lower  element 


THE  VIGILANTES  OF  '56  247 

flocked  to  the  colors  through  shen  fright.  A 
certain  proportion  of  the  organized  remained  in 
the  ranks,  though  a  majority  had  resigned.  There 
was,  as  is  usual  in  a  new  community,  a  very  large 
contingent  of  wild,  reckless  young  men  without 
a  care  in  the  world,  with  no  possible  inte.  st  in 
the  rights  and  wrongs  of  the  case,  or,  indeed,  in 
themselves.  They  were  eager  onl>-  for  adventure 
and  offered  themselves  just  as  soon  as  the  p-osi)ects 
for  a  real  fight  seemed  good.  Then,  too,  they 
could  always  count  on  the  live  hundred  Texans 
who  had  been  imported. 

There  were  plenty  of  weapons  with  which  to  arm 
these  partisans.  Contrary  to  all  expectations,  the 
Vigilance  Committee  had  scruj)uIously  refrained 
from  interfering  with  the  state  armories.  AH 
the  muskets  belonging  to  the  militia  were  in  the 
armories  and  were  available  in  different  i)arts  of 
the  city.  In  addition,  the  State,  as  a  common- 
wealth, had  a  right  to  a  certain  number  of  federal 
weapons  stored  in  arsenals  at  Benicia.  These 
couh'  '.r  requisitioned  in  due  form. 

hi  at  this  point,  it  has  been  said,  the  legal 
minds  ot  the  party  conceived  a  bright  plan.  The 
muskets  at  Benicia  on  being  requisitioned  would 
liave  to  cross  the  bay  in  a  vessel  of  some  sort. 


248  THE  FORTY-NINERS 

Until  the  muskets  were  actually  delivered  they 
were  federal  property.  Now  if  the  Vigilance 
Committee  were  to  confiscate  the  arms  while  on 
the  transporting  vessel,  and  while  still  federal 
property,  the  act  would  be  piracy;  the  interceptors, 
pirates.  The  Law  and  Order  people  could  legally 
call  on  the  federal  forces,  which  would  be  com- 
pelled to  respond.  If  the  Committee  of  Vigilance 
did  not  fall  into  this  trap,  then  the  Law  and  Order 
people  would  have  the  muskets  anyway. ' 

To  carry  out  this  plot  they  called  in  a  saturnine, 
lank,  drunken  individual  whose  name  was  Ruhr 
Maloney.  Maloney  picked  out  two  men  of  his 
own  type  as  assistants.  He  stipulated  only  that 
plenty  of  "  refreshments  "  should  be  supplied.  Ac- 
cording to  instructions  Maloney  was  to  operate 
boldly  and  flagrantly  in  full  daylight.  But  the 
refreshment  idea  had  been  rather  liberally  inter- 
preted. By  six  o'clock  Rube  had  just  sense  enough 
left  to  anchor  off  Pueblo  Point.  There  all  gave 
serious  attention  to  the  rest  of  the  refreshments 
and  finally  rolled  over  to  sleep  off  the  effects. 

In  the  meantime  news  of  the  intended  shipment 
had  reached  the  headquarters  of  the  Vigilantes. 

'  Mr.  H.  H.  Bancroft,  in  his  Popular  Tribunala.  holds  that  no 
proof  of  this  plot  exists. 


THE  VIGILANTES  OF  '56  249 

The  Executive  Committee  went  into  immediate 
session.  It  was  evident  that  the  proposed  dis- 
banding would  have  to  be  postponed.  A  discus- 
sion followed  as  to  methods  of  procedure  to  meet 
this  new  crisis.  The  Committee  fell  into  the  trap 
prepared  for  it.  Probably  no  one  realized  the 
legal  status  of  the  muskets,  but  supposed  them  to 
belong  already  to  the  State.  Marshal  Doane 
was  instructed  to  capture  them.  lie  called  to  him 
the  chief  of  the  harbor  police. 

"Have  you  a  small  vessel  ready  for  immediate 
service?"  he  asked  this  man. 

"Yes,  a  sloop,  at  the  foot  of  this  street." 

"Be  ready  to  sail  in  half  an  hour. " 

Doane  then  called  to  his  assistance  a  quick- 
witted man  named  John  Durkee.  This  man 
had  been  a  member  of  the  regular  city  police 
until  the  shooting  of  James  King  of  William.  At 
that  time  he  had  resigned  his  position  and  joined  the 
Vigilance  police.  He  was  loyal  by  nature,  steady 
in  execution,  and  essentially  quick-witted,  quali- 
ties that  stood  everybody  in  very  good  stead  as 
will  be  shortly  seen.  He  picked  out  twelve 
reliable  men  to  assist  him,  and  set  sail  in  the  sloop. 

For  some  hours  he  beat  against  the  wind  and  the 
tide;  but  finally  these  became  so  strong  that  he  was 


250  THE  FORTY-NINERS 

forced  to  anchor  in  San  Pablo  Bay  until  conditions 
had  modified.  I.ite  in  the  afternoon  he  was  again 
ahle  to  get  under  way.  Several  of  the  tramps 
sailing  about  the  bay  were  overhauled  and  ex- 
amined, but  none  prove<l  to  be  the  prize.  xVbout 
dark  the  breeze  died,  leaving  the  little  sloop  barely 
under  steerageway.  A  less  persistent  man  than 
Durkee  would  have  anchored  for  the  night,  but 
Durkee  had  received  his  instructions  and  intend«'d 
to  find  the  other  sloop,  and  it  was  he  himself  who 
fir.>t  caught  the  loom  of  a  shtidow  under  Pueblo 
Point. 

He  bore  down  and  perceived  it  to  be  the 
sloop  whose  discovery  he  desired.  The  tweh( 
men  boarded  with  a  rush,  but  found  themselves  in 
possession  of  an  empty  deck.  The  fumes  of 
alcohol  and  the  sound  of  snoring  guided  thr 
boarding-party  to  the  object  of  their  search  and 
the  scene  of  their  easy  victory.  Durkee  trans- 
ferred the  muskets  and  prisoners  to  his  own  craft ; 
and  returned  to  the  California  Street  wharf  shortly 
after  daylight.  A  messenger  was  dispatched  to 
headquarters.  He  returned  with  instructions  to 
deliver  the  muskets  but  to  turn  loose  the  prison- 
ers. Durkee  was  somewhat  astonished  at  tlu 
latter  order  but  complied. 


Ik. 


THE  VIGILANTES  OF  '56  ^ll 

"  All  right, "  lu'  is  reported  to  have  sai«l.  "Xow, 
you  measly  hounds,  you've  ifot  just  ahout  twenty- 
eight  seconds  to  make  yourselves  as  scarce  as  your 
virtues," 

Maloney  and  his  crew  wasted  few  of  the  twenty- 
eight  seconds  in  starting,  but  once  out  of  sight  they 
regained  much  of  their  bravado.  A  few  drinks 
restored  them  to  normal,  and  enabled  them  to 
put  a  good  face  on  the  report  they  now  nuide  to 
their  .employers.  Maloney  and  his  friends  then 
visited  in  turn  all  the  sjiloons.  The  drunker  they 
grew,  the  louder  they  talked,  reviling  the  Com- 
mittee collectively  and  singly,  bragging  that  they 
would  shoot  at  sight  Coleman,  Truett,  Durkee, 
and  several  others  whom  they  named.  They  flour- 
ished weapons  publicly,  and  otherwise  became 
obstreperous.  The  Committee  decided  that  their 
influence  was  bad  and  instructed  Sterling  IIoi)kins, 
with  four  others,  to  arrest  the  lot  and  bring  them 
in. 

The  news  of  this  determination  reached  the 
ofTending  parties.  They  immediately  fled  to  their 
masters  like  cur  dogs.  Th'ir  masters,  who 
included  Terry,  Bowie,  and  a  few  others,  hap- 
pened to  be  discussing  the  situation  in  the  office 
of  Richard  Ashe,  a  Texan.     The  crew  burst  into 


2.52  THE  lOllTY-NTNKRS 

tins  gatluTirif*  von  iiiik'Ii  scarotl,  with  a  .statrmont 
that  a  "thousaril  stran^hrs"  w«to  at  tlirir  het'ls. 
HopkiiiN.  havin;;  Irff  his  .siii;ill  mosso  at  thr  foot  of 
thi-  ■stairs,  kiuKkcd  aiu!  cntrii  tt  the  room.  Ho  was 
facod  by  the  iiiuz/K's  of  half  a  (h)/.en  pistols  and 
told  to  gel  out  of  there.  Hopkins  promptly 
obovi'd. 

If  Terry  h.id  possessed  the  slightest  degree  of 
leadership  ho  would  have  seen  that  this  was  th<' 
worst  <'l  all  nu>ments  to  precipitate  a  crisis  The 
forces  of  hiS  own  ]);iify  were  neither  armed  nor 
ready.  Bi!  lu't.  us  in  .ill  other  important  crises 
of  his  caner,  !i«  vv.i  t^'ovenied  by  thr  haughty  and 
headstrong  passiori  of  the  moment. 

Hopkins  left  his  men  on  guard  at  the  foo'  of  thr 
stairs,  borrow<'d  a  liorse  from  a  pas«;<  .--i  .  Mnd 
galloped  to  head(|uarters.  There  ht  \  ',  -  -tr  .  •- 
ted  to  return  and  stay  on  watch,  an(' 
reinforcements  would  soon  follov  r 
before  the  building  in  which  Ashe  :•  '. 
located  in  time  to  see  Maloney,  Terr> 
McXabb,  Bowie,  and  Rowe,  all  armed  with  shot- 
guns, just  turning  a  far  comer.  He  dismounted 
and  called  on  }ii.s  men,  who  followed.  The  little 
posse  dogged  the  judge's  party  for  some  distance. 
For  a  httle  time  no  attention  was  paid  to  them. 


vshr. 


THK  MCilLANTKS  OF  '56  2.-,1 

hut  as  thoy  pressed  closer,  T»'m ,  AsIm',  and  Ma- 
loncy  turned  ami  presented  their  shot-ginis.  Tliis 
was  probably  intended  oidy  as  a  threat,  hut  Hop- 
kins, who  was  alwavs  overbold.  hini'e<|  at  Malonev. 
Terry  thrust  his  ^'iin  at  a  Vigiliinte  who  seized 
it  by  the  barrel.  At  the  same  instant  Ashe 
pressed  the  muzzle  of  his  weapon  against  tlu! 
breast  of  a  man  nanu  ti  Bovee,  but  hesitated  to 
pull  the  trigger.  It  was  not  at  that  time  a.s 
safe  to  shoot  nun  in  the  open  street  as  it  had 
been  formerly.  Barry  eovered  Howe  with  a  j)istol. 
Rowe  dropf)ed  his  gun  and  ran  towards  the  arm- 
ory. 'J'he  aceidental  diseharge  of  a  pi>tol  seemed 
to  unnerve  Terry.  He  whipped  out  a  long  knife 
and  phmged  it  into  Hopkins's  neek.  Hopkins 
relaxed  his  hold  on  Terry  s  shot-gun  and  staggt'red 
back. 

"I  am  stabbed!  Take  them,  Vigilantes!"  he 
said. 

He  dropped  to  the  sidewalk.  Terry  and  his 
friends  ran  towards  the  armory.  Of  Ihe  Vigilante 
posse  only  Bovee  and  Barry  remained,  but  these 
two  pursued  the  fleeing  Law  and  Order  men  to 
the  very  doors  of  the  armor\-  itself.  AMien  the 
portals  were  slammed  in  their  faces  they  took  up 
their  stand  outside;  and  alone  these  two  men  held 


254  THE  FORTY-NINERS 

imprisoned  several  hundred  men!  During  the 
next  few  minutes  several  men  attempted  entrance 
to  the  armory,  among  them  our  old  friend  Volney 
Howard.  All  were  turned  back  and  were  given  the 
impression  that  the  armory  was  already  in  charge 
of  the  Vigilantes.  After  a  little,  however,  doubt- 
less to  the  great  relief  of  the  "outside  garrison" 
of  the  armory,  the  great  Vigilante  bell  began  to 
boom  out  its  signals:  one,  two,  three  —  rest;  one, 
two,  three  —  rest;  and  so  on. 

Instantly  the  streets  were  alive  with  men. 
Merchants  left  their  customers,  clerks  their  books, 
mechanics  their  tools.  Draymen  stripped  their 
horses  of  harness,  abandoned  their  wagons,  and 
rode  away  to  join  their  cavalry.  Within  an 
incredibly  brief  space  of  time  everybody  was  off 
for  the  armory,  the  military  companies  marching 
like  veterans,  the  artillery  rumbling  over  the  pave- 
ment. The  cavalry,  jogging  along  at  a  slow  trot, 
covered  the  rear.  A  huge  and  roaring  mob 
accompanied  them,  followed  them,  raced  up  the 
side-streets  to  arrive  at  the  armory  at  the  same 
time  as  the  first  files  of  the  military  force.  They 
found  the  square  before  the  building  entirely 
deserted  except  for  the  dauntless  Barry  and  Bovee, 
who  still  marched  up  and  down  singlehanded,  hold 


''■>iH-' 


THE  VIGILANTES  OF  '56  255 

ing  the  garrison  within.  They  were  able  to  report 
that  no  one  had  either  entered  or  left  the  armory. 

Inside  the  building  the  spirit  had  become  one  of 
stubborn  sullenness.  Terry  was  very  sorry — as, 
indeed,  he  well  might  be —  a  Judge  of  the  Suprenu' 
Court,  who  had  no  business  being  in  San  Fran- 
cisco at  all.  Sworn  to  uphold  the  law,  and  osten- 
sibly on  the  side  of  the  Law  and  Order  party,  he 
had  stepped  out  from  his  jurisdiction  to  commit 
as  lawless  and  as  idiotic  a  deed  of  passion  and 
prejudice  as  could  well  have  been  imagined. 
Whatever  chances  the  Law  and  Order  party  nu'ght 
have  had  heretofore  were  thereby  dissipated. 
Their  troops  were  scattered  in  small  units;  their 
rank  and  file  had  disappeared  no  one  knew  where; 
their  enemies  were  fully  organized  and  had  been 
mustered  by  the  alarm  bell  to  their  usual  alertness 
and  capability;  and  Terry's  was  the  hand  that  had 
struck  the  bell! 

He  was  reported  as  much  chagrined. 

"This  is  vcrv  unfortunate,  verv  unfortunate," 
he  said;  "but  you  shall  not  imperil  your  lives  for 
me.     It  is  I  they  want.     I  will  surrender  to  them.  * 

Instead  of  the  prompt  expostulations  whicli  he 
probably  expected,  a  dead  silence  greeted  these 
words. 


I 


256  THE  FORTY-NINERS 

"There  is  nothing  else  to  do."  agreed  Ashe  at 

last. 

*  n  exchange  of  notes  m  military  fashion  fol- 
lowed. Ashe,  as  commander  of  the  armory  and 
leader  of  the  besieged  party,  offered  to  surrender 
to  the  Executive  Committee  of  the  Vigilantes  if 
protected  from  violence.  The  Executive  Com- 
mittee demanded  the  surrender  of  Terry,  Maloney, 
and  pyiips,  as  well  as  of  all  arms  and  ammunition, 
promising  that  Terry  and  Maloney  should  be 
protected  against  persons  outside  the  organi- 
zation. On  receiving  this  assurance,  Ashe  threw 
open  the  doors  of  the  armory  and  the  Vigilantes 
marched  in. 

"All  present  were  disarmed,"  writes  Bancroft. 
"Terry  and  Maloney  were  taken  charge  of  and 
the  armory  was  quickly  swept  of  its  contents. 
Three  hundred  muskets  and  other  munitions  of 
war  were  carried  out  and  placed  on  drays.  Two 
carriages  then  drove  up,  in  one  of  which  was 
placed  Maloney  and  in  the  other  Terry.  Both 
were  attended  by  a  strong  escort,  Olney  forming 
round  them  with  his  Citizi'ns'  Guard,  increased 
to  a  battalion.  Then  in  triumph  the  Committee 
men,  with  their  prisoners  and  plunder  enclosed 
in    a    solid    body   of   infantry   and    these    again 


11 

s 

I 


THE  VIGILANTES  OF  '56  257 

surrounded  by  cavalry,   marched  back  to  their 


rooms. 


Nor  was  this  all.  Coleman,  like  a  wise  gen- 
eral, realizing  that  compromise  was  no  longer 
possibI(s  sent  out  his  men  to  take  possession  of 
all  the  encampments  of  the  Law  and  Order  forces. 
The  four  big  armories  were  cleaned  out  while 
smaller  squads  of  men  combed  the  city  house  by 
house  for  concealed  arms.  By  midnight  the  job 
was  done.  The  Vigilantes  were  in  control  of  the 
situation. 


If 


CHAPTER  XVI 

THE   TRIUMPH    OF   THE    VIGILANTES 

Judge  Terry  was  stiil  a  thorny  problem  to  handle. 
After  all,  he  was  a  Judge  of  the  Supreme  Court. 
At  first  his  attitude  was  one  of  apparent  humility, 
but  as  time  went  on  he  regained  his  arrogant 
attitude  and  from  his  cell  issued  defiances  to  his 
captors.     He  was  aided  and  abetted  by  his  high- 
spirited    wife,    and    in    many    ways    caused    the 
members  of  the  Committee  a  great  deal  of  trouble. 
If  Hopkins  were  to  die,  they  could  do  no  less 
than   hang    Terry    in   common   consistency    and 
justice.     But  they  realized  fully  that  in  executing 
a  Justice  of  the  Supreme  Court  they  would  be 
wading  into  pretty  deep   water.     The  state  and 
federal  authorities  were    inclined   to  leave  them 
alone  and  let  them  work  out  the  manifestly  desir- 
able reform,  but  it  might  be  that  such  an  act 
would  force  official  interference.     As  one  member 
of  the  Committee  expressed  it,  "They  had  gone 

258 


THE  TRIUMl'II  OF  THE  VIGILANTES  i59 

gunning  for  ferrets  and  hud  coralled  a  grizzly." 
Nevertlieless  Terry  was  indicted  before  the  Com- 
mittee on  the  following  counts,  a  statement  of 
which  gives  probably  as  good  a  bird's  eye  view  of 
Terry  as  numerous  pages  of  personal  description: 

Resisting  with  violence  the  officers  of  the  Vigilance 
Committee  while  in  the  discharge  of  their  duties. 

Committing  an  assault  with  a  deadly  weapon  with 
intent  to  kill  Sterling  A.  Hopkins  on  June  21,  1856. 

Various  breaches  of  the  peace  and  attacks  upon 
citizens  while  in  the  discharge  of  their  duties,  specified 
as  follows : 

1.  Resistance  in  1853  to  a  writ  of  habeas  corpus 
on  account  of  which  one  Roach  escaped  from  the 
custody  of  the  law,  and  the  infant  heirs  of  the 
Sanchez  family  were  defrauded  of  their  rights. 

2.  An  attack  in  1853  on  a  citizen  of  Stockton 
named  Evans. 

3.  An  attack  in  1853  on  a  citizen  in  San  Fran- 
cisco named  Purdy. 

4.  An  attack  at  a  charter  election  on  a  citizen  of 
Stockton  named  King. 

5.  An  attack  in  the  court  house  of  Stockton  on  a 
citizen  named  Broadhouse. 


Before  Terry's  case  came  to  trial  it  was  known 
that  Hopkins  was  not  fatally  wounded.  Terry's 
confidence  immediately  rose.  Heretofore  he  had 
been  somewhat,  but  not  much,  humbled.    Now  his 


X60  THE  FORTY-NINERS 

haughty  spirit  blazed  forth  as  strongly  as  ever. 
He  was  tried  in  due  course,  and  was  found  guilty 
on  the  first  charge  and  on  one  of  the  minor  charges. 
On  the  accusation  of  assault  with  intent  to  kill,  the 
Committee  deliberated  a  few  days,  and  ended 
by  declaring  him  guilty  of  simple  assault.  He 
was  discharged  and  told  to  leave  the  State.  But, 
for  some  reason  or  other,  the  order  was  not 
enforced. 

Undoubtedly  he  owed  his  discharge  in  this  form 
to  the  evident  fact  that  the  Conmiittee  did  not 
know  what  to  do  with  him.  Terry  at  once  took 
the  boat  for  Sacramento,  where  for  some  time 
he  remained  in  comparative  retirement.  Later  he 
emerged  in  his  old  role,  and  ended  his  life  by  being 
killed  at  the  hands  of  an  armed  guard  of  Justice- 
Stephen  Field  whom  Terry  assaulted  without 
giving  Field  a  chance  to  defend  himself. 

While  these  events  were  going  forward,  the 
Committee  had  convicted  and  hanged  two  other 
men,  Hetherington  and  Brace.  In  both  instances 
the  charge  was  murder  of  the  most  dastardly 
kind.  The  trials  were  conducted  with  due 
regard  to  the  forms  of  law  and  justice,  and  the 
men  were  executed  in  an  orderly  fashion.  These 
executions  would  not  be  remarkable  in  any  way, 


\-'-iJif~~AhiK-i^ '^-■r^-  '■<-rim,' '. 


THE  TRIIMPH  OF  TIIK  VIGILANTES  ^JC.l 

were  i'.  not  for  llie  fact  that  thev  rounded  out  the 
complete  tale  of  executions  by  the  Vigilance 
Committee.  Four  men  only  were  hanged  in  all 
the  time  the  Committee  held  its  sway.  Never- 
theless the  manner  of  the  executions  and  the  spirit 
that  actuated  all  the  officers  of  the  organization 
sufficed  to  bring  about  a  complete  reformation  in 
the  administration  of  iustice. 

About  this  time  also  the  danger  began  to  mani- 
fest itself  that  .some  of  the  less  conscientious  and, 
indeed,  less  important  members  of  the  Committee 
might  attempt  through  political  means  to  make 
capital  of  their  connections.  A  rule  was  pa.ssed 
that  no  member  of  the  Committee  of  Vigilanc 
should  be  allowed  to  hold  political  office.  Shortly 
after  this  decision,  William  Rabe  was  suspended 
for  "having  attempted  to  introduce  politics  into 
this  body  and  for  attempting  to  overawe  the 
Executive  Committee." 

After  the  execution  of  the  two  men  mentioned, 
the  interesting  trial  of  Durkee  for  piracy,  the  settle- 
ment by  purchase  of  certain  private  claims  against 
city  land,  and  the  deportation  of  a  number  of  unde- 
sirable citizens,  the  active  work  of  the  Committee 
was  practically  over.  It  held  complete  power 
and  had  also  gained  the   confidence  of  probably 


Wa"- 


iOi  THE  FORTY-NINERS 

nine-tenths  of  the  population.     Even  some  of  the 
erstwhile  members  of  the  Law  and  Order  party, 
who  hud  adhered  to  the  forms  of  legality  through 
principle,  had  now  either  ceased  opposition,  or 
had  come  over  openly  to  the  side  of  the  Committee. 
Another  date  of  adjournment  was  decided  upon. 
The  gunnybag  barricades  were  taken  down  on  the 
fourteenth    of    August.     On    the    sixteenth,    the 
rooms  of  the  building  were  ordered  thrown  open  to 
all  members  of  the  Committee,  their  friends,  their 
families,  for  a  grand  reception  rn  the  following 
week.     It  was  determined  then  not  to  disorganize 
but  to  adjourn  sine  die.     The  organization  was 
still  to  be  held,  and  the  members  were  to  keep 
themselves  ready  whenever  the  need  should  arise. 
But  preparatory  to  adjournment  it  was  decided 
to  hold  a  grand  military  review  on  the  eighteenth 
of  August.     This  was  to  leave  a  final  impression 
upon  the  public  mind  of  the  numbers  and  power 
of  the  Committee. 

The  parade  fulfilled  its  function  admirably. 
The  Grand  Marshal  and  his  staff  led,  followed  I  ■. 
the  President  and  the  Military  Comm  a>dinM 
General  with  his  staff.  Then  marched  four 
companies  of  artillery  with  fifteen  mounted  can- 
non.    In  their  rear  was  a  float  representing  For' 


THE  TRIl  MPII  OF  THE  M(.ILANTES  2(1? 

Gunnybags  with  iniitution  cannon.  Next  came 
the  Executive  Committee  mounted,  riding  three 
abreast;  then  cavalry  companies  and  the  medical 
staff,  which  consisted  of  some  fifty  physicians  of 
the  town.  Representatives  of  the  Vigilance  Com- 
mittee of  1851  followed  in  wagons  with  a  banner; 
then  four  regiments  of  infantry,  more  cavalry, 
citizen  guards,  pistol  men,  Vigilante  police.  Over 
six  thousand  men  were  that  day  in  !e,  all  disci- 
plined, all  devoted,  all  actuated  by  the  highest 
motiv^es,  and  conscious  of  a  job  well  done. 

The  public  reception  at  Fort  rJunuybags  was 
also  well  attended.  Every  one  was  curious  to  see 
the  interior  arrangement.  The  principal  entrance 
was  from  Sacramento  Street  and  there  was  also  a 
private  passage  from  another  street.  The  door- 
keeper's box  was  j)rominently  to  the  front  where 
each  one  entering  had  to  give  the  pass-word.  lie 
then  proceeded  up  the  stairs  to  the  floor  above. 
The  first  floor  was  the  armorv  and  drill-room. 
Around  the  sides  were  displayed  tiie  artillery 
harness,  the  flags,  bulletin-boards,  and  all  the 
smaller  arms.  On  one  side  was  a  lunch  stand 
v,here  coffee  and  other  r"freshments  were  dis- 
pensed to  those  on  guard.  On  tbe  opposite  side 
were  «>fl;ces  for  every  conceivrble  activity.     An 


804  THK  FORTY-NINERS 

immense  emblematic  eye  puinted  on  the  south- 
east corner  of  the  room  glared  down  on  each  as  he 
entered.     Tl»e  front  of  the  second  floor  was  also  a 
guard-room,  armory,  and  drilling  floor.     Here  also 
was  painted  the  eye  of  Vigilance,  and  here  was 
exhibited  the  famous  ballot-box  whose  sides  could 
separate  the  good  ballots  from  the  bad  ballots. 
Here  also   were  the  meeting-rooms  for  the  Ex- 
ecutive Committee  and  a  number  of  cells  for  the 
prisoners.     The  police-office  displayed  many  hand- 
cuffs, tools  of  captured  criminals,  relics,  clothing 
with  bullet  holes,  ropes  used  for  lianging,  bowie- 
knives,  burglar's  tools,  brass  knuckles,  and  all  the 
other  curiosities  peculiar  to  criminal  activities.   The 
third  story  of  the  building  had  become  the  armor- 
er's shop,  and  the  hospital.     Eight  or  ten  workmen 
were  employed  in  the  former  and  six  to  twenty 
cots  were  maintained  in  the  latter.     Above  all,  on 
the  roof,  supported  by  a  strong  scaffolding,  hung 
the  :Mo!mmental  bell  whose  tolling  summoned  the 
Vigilantes  when  need  arose. 

Altogether  the  visitors  must  have  been  greatly 
impressed,  not  only  with  the  strength  of  the 
i»rganization,  but  also  with  the  care  used  in  prepar- 
ing it  for  ever\  emergency,  the  perfection  of  its 
discipline,  and  the  completeness  of  its  equipment. 


THK  THHMrn  OF  THE  MCJILANTKS  4({j 

When  the  CoinmilU-e  of  Vigilance  of  185(1  ad- 
journed subject  to  further  call,  there  must  have 
been  in  most  men's  minds  the  feeling  that  such  u 
call  could  not  again  arise  for  years  to  come. 

Yet  it  was  not  so  much  the  punishment  meted 
out  to  t  vil-doers  that  measures  the  success  of  the 
Vigilante  movement.  Only  four  villains  were 
hanged;  not  more  than  thirty  were  banished. 
But  the  effect  was  the  same  as  though  four  hun- 
dred had  been  executed.  It  is  significant  that  not 
less  than  eight  hundred  went  into  voluntary  exile. 

"What  has  become  of  your  Vigilance  Com- 
mittee.?" asked  a  stranger  naively,  some  years 
later. 

"Toll  the  bell,  sir,  and  you'll  see,"  was  the 
reply. ' 

•  Buncruft,  Popular  Tribunalt,  ii,  <JM. 


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'V 


BIBLIOGRAPHICAL  NOTE 


California  has  been  fortunate  in  her  historians. 
Every  student  of  the  history  of  the  Pacific  .oast  is 
indebted  to  the  monumental  work  of  Hubert  H.  Ban- 
croft. Three  titles  concern  the  period  of  the  Forty- 
niners:  The  History  of  California,  7  vols.  (1884-1890); 
California  Inter  Pocula,  IS^S-oG  (1888) ;  Popular  Tri- 
bunals, 2  vols.  (1887).  Second  only  to  these  volumes 
in  general  scope  and  superior  in  some  respects  is  T.  H. 
Hittell's  History  of  California,  4  vols.  (1885-1897). 
Two  other  general  histories  of  smaller  compass  and 
covering  limited  periods  are  I.  B.  Richman's  California 
under  Spain  and  Mexico,  1535-1847  (1911),  and  Josiah 
Royce's  California,  mO-lSoG  (1886).  The  former 
is  a  scholarly  but  rather  arid  book;  the  latter  is  an 
essay  in  interpretation  rather  than  a  narrative  of  events. 
One  of  the  chief  sources  of  information  about  San 
Francisco  in  the  days  of  the  gold  fever  is  The  Annals  of 
San  Francisco  (1855)  by  Soule  and  others. 

Contemporary  accounts  of  California  just  before  the 
American  occupation  are  of  varying  value.  One  of 
the  most  widely  read  books  is  R.  H.  Dana's  Two  Years 
before  the  Mast  (1840).  The  author  spent  parts  of 
1835  and  1836  in  California.  The  Personal  Narrative 
of  James  0.  Pattie  (1831)  is  an  account  of  six  years* 

207 


268  BIBT.lOGRAPIIirAL  NOTE 

travel  amid  almost  incredible  hardships  from  St. 
Louis  to  the  Pacific  and  back  through  ^lexico.  W.  H. 
Thomes's  On  Land  and  Sea,  or  California  in  the  Years 
ISJf.i,  '44,  and  'Jf5  (189^2)  gives  vivid  pictures  of  old 
Mexican  days.  Two  other  books  may  be  mentioned 
which  furnish  information  of  some  value:  Alfred 
Robinson,  Life  in  California  (1840)  and  Walter  Colton, 
Three  Years  in  California  (1850). 

Personal  journals  and  narratives  of  the  Forty-niners 
are  numerous,  but  they  must  be  tised  with  caution. 
Their  accuracy  is  frequently  open  to  question.    Among 
the  more  valuable  may  be  mentioned  Delano's  Life  on 
the  Plains  and  aynong  the  Diggings  (I8r>-1) ;  W.  G.  John- 
ston's Experience  of  a  Forty-niner  (1849);  T.  T.  John- 
son's Sights  in  the  Gold  Region  and  Scenes  by  the  Way 
(1849) ;  J.  T.  Brooks's  Fonr  Months  among  the  Gold-Find- 
ers (1849);  E.  G.  Buffum's  Six  Months  in  the  Gold 
Mines  (1850)— the  author  was  a  member  of  the  "Steven- 
son Regiment";  James  Delevan's  Notes  on  California 
and  the  Placers:  How  to  get  there  and  what  to  do  after- 
wards (1850);  and  W.  R.  Ryan's  Personal  Adientures 
in  Upper  and  Loiter  California,  in  1848-0  (1850). 

Others  who  were  not  gold-seekers  have  left  their 
impression  of  Calitornia  in  transition,  such  as  Bayard 
Taylor  in  his  Eldorado,  2  vols.  (1850),  and  J.  W.  Harlan 
in  his  California  '4C  to  'SS  (1888).  The  latter  was  a 
member  of  Fremont's  battalion.  The  horrors  of  the 
overland  journey  are  told  by  Delano  in  the  book  already 
mentioned  and  by  \Y.  L.  Manly,  Death  Valley  in  'J,'J 

(1894). 

The  evolution  of  law  and  government  in  primitive 
mining  communities   is   described   in   C.   H.   Shmn  s 


BIBLIOGRAPHICAL  NOTE 


200 


Mimng  Camps.  A  Study  in  American  Frontier  Govern- 
vient  (1885).  The  duties  of  the  border  police  are  set 
forth  with  thrilKng  details  l)y  Horace  Bell,  Reminis- 
cences of  a  Ramjir  or  Karhj  Timts  in  Southern  California 
(1881).  An  authoritative  wo  '  on  the  Mormons  is 
W.  A.  Linn's  Story  of  the  Mormons  (1!)()2). 

For  further  hlhliograpliical  references  the  reader  is 
referred  to  the  articles  on  California,  San  Francisco, 
The  Mormons,  and  Fremont,  in  I'he  Encyclopaedia 
liritannira,  11th  Edition. 


'4y 


'^ 


IXDKX 


AIvaraHo,  Governor  of  Cuiifor- 

nia.  1  j-l(i,  IS.  i'.i 
"Arcadian  Age,"  5H-lii 
Ashe,  Uicbard,  iJl,  i5i 

Haker,    Kdward,    Colonel,    iiHi, 

"Bear    Flag    Revolution,"    'M- 

Benton,  T.  II.,  father-in-law  to 
Fremont,  iii;  exerts  influence 
in  Fremont's  l)ehalf,  40 

Bluxome.  Isaac,  iOi,  iOi 

Bovee,  i.V^ 

Bowie,  2j1,  252 

Bt-annan,  Sam,  56-57,  155,  ISO 

("ahnonga.  Treaty  of  (1847), 
42 

California,  inhabitants,  1;  occu- 
pation by  Spain,  2  et  acq.; 
classes,  j-(i;  life  of  early 
settlers,  0  et  scq.;  advent  of 
foreign  residents,  i;{  vt  xcq.; 
population  in  1S40,  1()-17; 
arrival  of  tvo  parties  of  set- 
tlers (1S41),  17;  Fremont's 
expedition,  2!);  military  eon- 
quest  by  U.  S.,  ;J0  et  seq.; 
ilexicau  laws  in,  4t>-50;  con- 
stitutional convention  (1849), 
50-52;  influence  of  discovery 
of  gold,  52-54;  overland  mi- 
gration to,  07  et  seq.;  journey 
by  way  of  Panama  to,  90  et 
seq.;  life  in  the  gold  fields,  107 
et  srq.\  city  life  in  1849,  119 
et  seq.;  law,  174-76;    politics. 


17ii-S0;     financiid    stringency 

(  IS55),  lsi-s;J 
Ciilifoniia  Slur,  the,  12.'J 
(arson.  Kit,  38 
Casey,  .1.  P.,  191,  192  et  seq.,  220 

et  seq. 
Chagres  in  1840,  99-100 
Cole,  Beverlv,  202 
Coleman,  W.  T.,  201,  202,  204, 

20 >,  211  «/  .■<«(/.,  251 
(  ora,  Charles,  trial  of,   189-91; 

re-frial    l)y    Vigilantes,    225- 

226 

Duibi  Evening  Bulletin,  184-88, 

190 
Delano,  75 
Dempster,    Clancey,    201,    202, 

204 
Den,  Nicholas,  14 
Doane,  Charles,  219 
Donner  party,  26 
Dows,  James.  202 
Duane,  (^harles.  235 
Durkee,  John,  249-51 

Fiirragut,  David,  242 

Farwell,  201 

Fremont,  J.  C,  expedition,  29 
et  seq.;  personal  characteristics, 
40-4 1, 44 -45 ;  negot  iates treaty 
with  Californians,  42;  appoint- 
ed (Governor  of  California,  42; 
asks  permission  to  form  expe- 
dition against  Mexico,  4.'5- 
44;  court-martialed  and  dis- 
missed from  service,  44 


271 


272 


IXDl 


r.atun  in  1840.  100-01 

(Juviliin  Tcuk,  U.  S.  flag  raist-d 

at.  :»0 
(iift,  Colonfl.  ilS 
(JilU'spii'.    Lieutenant,    30,    31- 

(;<il(l.  inflm-iic<-  of  discovery  upon 
lile  ill  Ciilifornia,  '>i-54;  dis- 
covered hy  Marshall  (184H), 
5,j;  news  hroURht  to  Kast,  Hi; 
iiilluerue  in  Kiirope,  f)J-<>(); 
the  cli>;«iii>js,  10«  ei  seq. 

(iraham.  lsaa<-,  1.5-lG 

Green,  Talbot,  17« 

Harlan.     William,     account     of 

overland       journey,       «8-fi!); 

quoted,     Ul;    experience    in 

San  Francisco,  UH 
Ilartiiell,  U 
Herald,  200 
Ilittell,  T.  II.,  recounts  incidenia 

of  overland  journey,  70,  72 
Hopkins,  Sterling,  i5\.  252 
Hossefross.  202 
"Hounds,"  The.  137-39 
Howard.  Volney.  241,  244.  245. 

246 

Ide.W.  B..34  .       . 

Indian  menace  to  immigrant 
trains,  71 

Jenkins,  John,  trial  of,  153- 
150  , 

Johnson,  J.  N.,  Governor  of 
California.  210  et  seq. 

Johnston,  Captain,  38 


Kearny,  General  Stephen  \Vatts. 

37  et  seq. 
Kearny.  Woolley.  235 
Kelly.  John.  115 
King.  James,  of  William.   183. 

184  et  seq..  207-08.  227 

Larkin,  T.  O..  28-29 


"Ijiw  and  Order"   party.    17fl. 

208;    clash    with     \  igilantes, 

230  et  xeq. 
Leese.  Jacob,  33 

McGlynn.J.  A..  12!)-30 
M((;owan,       Kdward,      195-90, 

235 
McU-an,  William.  235 
McNahb.  iJ52 

Malonev,  HiiIk-,  2iS.  251,  252 
Marshall,  James.  dis<-ovprs  golrl, 

55 
Mason.  Colonel  U.  B.,  46 
Meiggs.  Harry,  172 
Merritt.  .33 

Mesa,  Battle  of  the.  41 
Mexican    government    in    Cali- 
fornia,   attitude    toward    set- 
tlers. 17-19.  27 
Mexican    War,    influence    upon 

affairs  in  California,  35 
Missions  established  by  "Sacred 

Expedition."  3 
Montgomery,  Lieutenant.  35 
Mormons.    19-20.   50-57,   77   vt 

seq. 
Mountain    Meadows    massacre, 

95 
Musgrave,  J.  D.,  235 

Oregon    question,    effect    upon 
Western  migration,  20-21.  55 
Oregon  Trail.  21-22 

Panama  as  a  route  to  California. 

96  et  seq. 
Panama,  city  of,  in  1849,  102- 

103 
Pattie,  James,  14 
Pico,  Andres.  37 
Portola,  2 
Pratt.  P.  P.,  80 


"Regulators,"  the,  136-37 

Richardson,  William,  189 

Rigdon,  Sidney,  80 

Rowe.  252 

Ryan,  W.  R.,  quoted,  7.  120-21 


INOFA 


r;j 


"Sa<Tt'<l  Kxpoililion,"  t 

Sua  DioKo.  Krst  tuisiiion  foiiiKltd 
(17«!>}.  i:> 

San  Krunci.s<-((,  Iwfore  clisfovrrv 
of  K«>l'l.  ><■'«:  »'fff<t  (.f  <lis- 
rnvvry  of  Kold,  l!e.'J-)e4;  in 
IHH).  Nl  ,7  /<,Y/.;  fin-  of  1).<'. 
4.  1H4!>,  141;  laliT  firrs. 
Hi;  N'oliintwr  Fire  l)«'|mrl- 
nieiil,  H;{— HI;  civic  nn»f;ross, 
lHi-4!»;  |)o|)iilati<iri  in  IH.jl. 
i.>0-.>l;  in  tlie  niid-fiflii-s,  l.>!» 
ct  .vtv/. 

San    (Jahriel    Hiver,    Hattic    of 

San  I'asrual.  Battle  of.  SH 

Santa  Vv,  14 

Scmplc.  ;{;{ 

Sorra,  Fathor  Junlpero,  i 

Sherman,    \V.  T.,   !i08-01),   iU- 

iiii.  art 

Sloat,    (onimoilore    J.    1).,    :i:>, 

',m 

Snijtli,  (irowlin^',  48 
Smitli,  Jcdefiiali,  15 
Sniitli,   .losi'pli,   Jr.,   foundtr   of 

the  Mormon  Church,  77-79;  as 

a  leader.  79-80;  death.  85 
Smith,     Peter,     claims     against 

city  of  San  Francisco,  170 
Sonoma  captured,  .'W-;J5 
Spain,    religious    occupation    of 

C'aliforQia,     i     et     seq.;     dis- 


courages    immi>;ration     into, 

V.i 
Spenrc,  David,  H 
Stockton,    KoIhtI,    ("oniMiodore, 

;<(»     it     .111/.:     (juarrfis     with 

Kearny,  ;JM-;{!I 
Stuart,  .lamcv.  |.")1    M 
Suntldi/  Tiin,.^,  the,  \\)i 
Sutter,  (  aptain  .1.  A.,  i\\-i(i 
Sutter's  Fort,  iX,  i:,,  i*),  .SO.  'M, 

KHi 
"Sydney  Ducks,"  VM\,  W4 

Terry,  .ludp-.  i\\.  IM.  Kl.'J,  i\o- 

4«i,  i'A,  ■ir>i 
Tlumies.  U  .  11.,  quoted,  !J 
Three  Werku  in  the  Cold  Mines, 

Simpson,  04 
Truett.  <0I,  Hi),  i51 

Vallejo,  ficneral,  IR 
Vit;ilantes,  of  1851,   150  ct  aeq.; 
of  1850,  231  et  nrq. 

Walker,  .Joseph,  id.  .SO 
White.  James,  2,S5 
Wiffhtman,  IVter,  2,S5 
Wool,  (ieneral,  i4i 

Verba  Kuena,  see  San  Francisco 
Young.  Brigham,  85-88.  89.  00 
91 


'<.i»'l 


